The New India Assurance v. B. Siva Kumar,

CMA(MD). No.657 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of October Two Thousand and Nineteen PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY C.M.A.(MD). No.657 of 2011 The New India Assurance Co. Ltd., West Bouleward Road, Trichy - 8.

... Appellant / 2nd respondent - Vs. -

1. B. Sivakumar ...1st Respondent / Petitioner

2. N.Devadoss ...2nd Respondent / 1st Respondent

3. M.Senthilkumar ...3rd Respondent / 3rd Respondent

4. The National Insurance Co. Ltd., Fort Station Road, Trichy - 2.

...4th Respondent / 4th Respondent Prayer in CMA(MD). 657/ 2011 :

This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, against the common judgment and Decree dated 04.08.2008 made in M.C.O.P. No. 380 of 2004 on the file of the Motor Accident Claims Tribunal/ III Additional Subordinate Court, Tiruchirappalli.

DECREE:- This Civil Miscellaneous Appeal coming upon for hearing on this day; upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to this case and upon hearing the arguments of MR. B. Vijay Karthikeyan, Advocate for the Appellant, Mr. A.S. Mathialagan, Advocate for the 4th respondent and the Respondents 1 to 3 having not appeared either in person or through a counsel; this Court doth order and decree as follows:-

1. That the award passed in M.C.O.P. No. 380 of 2004 dated 04.08.2008 on the file of the Motor Accident Claims Tribunal/ III Additional Subordinate Court, Tiruchirappalli be and hereby is confirmed and the Civil Miscellaneous Appeal is do stand dismissed;

2. That the appellant herein / Insurance Company be and hereby is directed to deposit the entire award amount along with https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.657 of 2011 interest at the rate of 7.5% p.a. from the date of petition till the date of deposit, within a period of eight weeks from the date of receipt of a copy of this judgment;

3. That on such deposit being made, that the Tribunal shall transfer the entire award amount directly to Claimant's Bank Account through RTGS, within a period of three weeks thereafter;and

4. That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) TO The III Additional Subordinate JUdge, Motor Accident Claims Tribunal, Tiruchirappalli.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies + 1CC to Mr.B. Vijay Karthikeyan, Advocate in Sr. No.94715. + 1CC to Mr.A.S. Mathialagan, Advocate in Sr. No.94478. ORDER DATED 24.10.2019 DECREE C.M.A (MD) No.657 of 2011 Dismissing the Civil Miscellaneous Appeal preferred against the judgment and Decree dated 04.08.2008 made in M.C.O.P. No. 380 of 2004 on the file of the Motor Accident Claims Tribunal/ III Additional Subordinate Court, Tiruchirappalli etc., as stated within.

pk(CO) TR(22.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2