Madras High CourtCMA(MD)/810/2012dismissed

The Manager v. Malarkodi

2021-03-17Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Wednesday, the Seventeenth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, PLA KANAGU TOWERS 2ND FLOOR 15-A THILLAI NAGAR MAIN ROAD 11TH CROSS, TRICHY ..

Appellant / 2nd Respondent Vs 1 MALARKODI W/O. RAMASAMY, NO. 4/170, THANGAVEL NAGAR,, ANDANKOVIL PUDHUR, ANDANKOVIL EAST VILLAGE,, KARUR TALUK, & DISTRICT..

2 SATHISH S/O. RAMASAMY, NO. 4/170, THANGAVEL NAGAR,, ANDANKOVIL PUDHUR, ANDANKOVIL EAST VILLAGE,, KARUR TALUK, & DISTRICT..

3 DINESH S/O. RAMASAMY, NO. 4/170, THANGAVEL NAGAR,, ANDANKOVIL PUDHUR, ANDANKOVIL EAST VILLAGE,, KARUR TALUK, & DISTRICT..

4 NATCHAMMAL W/O. KALIYANNA GOUNDER, NO. 4/170, THANGAVEL, NAGAR, ANDANKOVIL PUDHUR, ANDANKOVIL EAST, VILLAGE, KARUR TALUK, AND DISTRICT ...

1st to 4th Respondents / Petitioners 5 R.SORNAM W/O. RAMANUJAM, H-4/40, TAMIL NADU HOUSING, UNIT,GANDHIGRAMAM, ...

5th Respondent / 1st THANTHONIMALAI, KARUR Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award of the Motor Accident Claims Tribunal, District Court, Karur passed in MCOP No.306 of 2008 dated 21.10.2010.

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DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.S.SRINIVASARAGHAVAN, Advocate for the Appellant and of Mr.K.SURESH KUMAR, Advocate for the respondent Nos.1 to 4, fifth respondent not appeared either in person or by an Advocate, this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal, District Court, Karur in MCOP No.306 of 2008 dated 21.10.2010 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) That the Appellant/Insurance Company be and hereby is directed to deposit the entire award amount with accrued interest and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order.

(3) That on such deposit being made, the claimants / respondents 1 to 4 be and hereby are permitted to withdraw the award amount as apportioned by the Tribunal, less the amount already withdrawn, if any, by making necessary application before the Tribunal; and

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO THE DISTIRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL.

KARUR.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.SURESH KUMAR, Advocate ( SR-12049 dated 18/03/2021 ) +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-12584 dated 19/03/2021 ) 2/3

ORDER DATED : 17/03/2021 ========================== DECREE ========================== Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the award of the District Judge, Motor Accident Claims Tribunal, Karur in MCOP No.306 of 2008 dated 21.10.2010 and etc., as stated therein KMK(CO) TR(20.05.2021) 3P 6C 3/3