Madras High CourtCMA(MD)/498/2010partly allowed

The Branch Manager v. Muthammal

2019-10-03Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Third day of October Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.498 of 2010 THE BRANCH MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED NO.3, MAIN ROAD , DINDIGUL TOWN.

...Appellant/2nd Respondent Vs 1 MUTHAMMAL W/O.MUNIYANDI SENGADAMPATTY POST, NILAKOTTAI TALUK, DINDIGUL 2 PARAMESWARI D/O.MUNIYANDI SENGADAMPATTY POST, NILAKOTTAI TALUK, DINDIGUL 3 RAJESWARI D/O.MUNIYANDI SENGADAMPATTY POST, NILAKOTTAI TALUK, DINDIGUL 4 MEENAMMAL W/O.MUNIYANDI SENGADAMPATTY POST, NILAKOTTAI TALUK, DINDIGUL ... Respondents 1 to 4/Petitioners 5 K. NAGAJOTHI W/O.J.KRISHNAKUMAR SENGADAMPATTY POST, NILAKOTTAI TALUK, DINDIGUL ... 5th Respondent/1st Respondent Prayer :- This Civil Miscellaneous Appeal filed Under Section 173 of Motor Vehicles Act 1988 against the Judgement and Decree in M.C.O.P.No.574 of 2008, dated 01.02.2010 on the file of the Motor Accidents Claims Tribunal, Fast Track Court, Dindigul.

Decree: This Appeal coming up for hearing on this day, upon perusing the grounds of Appeal, the order of the Lower Court, and the material papers in this Appeal and upon hearing the arguments of Mr.J.S.Murali, Advocate for the Appellant and Mr.Mohammed Ibrahim Saibu, for M/s.Ajmal Associates, Advocate for the Respondents R1 to R4, this court while disposing the appeal, doth order and decree as follows.

1. that the Appellant herein/Insurance Company be and hereby is directed to deposit the compensation amount along with interest and costs to the credit of M.C.O.P.No.574 of 2008, dated 01.02.2010 on the file of the Motor Accidents Claims Tribunal, Fast Track Court, Dindigul, within a period of six weeks from the date of receipt of a copy of this order after deducting the amount already deposited if any;

2. that on such deposit, the Tribunal be and hereby is directed to transfer the share amount of the respondents 1 to 4/ Claimants in their respective account numbers by way of RTGS, within a period of three weeks thereafter.

3. that there be no costs in this Civil Miscellaneous Appeal Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) TO The Motor Accidents Claims Tribunal, Fast Track Court, Dindigul Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai + 1cc to Mr.J.S.Murali, Advocate, Sr.No.91258 + 1cc to M/s.Ajmal Associates, Sr.No.91258

ORDER DATED : 03/10/2019 ========================== DECREE ========================== CMA(MD). No.498 of 2010 Disposing the CMA(MD). No.498 of 2010 preferred against judgment and decree passed by the Motor Accidents Claims Tribunal, Fast Track Court, Dindigul, made in M.C.O.P.No.574 of 2008, dated 01.02.2010 etc. as stated within.

VB(13.01.2020) 3P 6C