Madras High CourtCMA(MD)/623/2010disposed of

The New India Assurance Compan v. Amuthavalli

2021-01-18Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.623 of 2010 THE NEW INDIA ASSURANCE COMPANY LIMITED, PERIYAKULAM ROAD, THENI.

... Appellant/2nd Respondent Vs 1 AMUTHAVALLI, W/O.LATE.RATHINAVEL PANDIAN, KADAMALAIGUNDU VILLAGE, ANDIPATTI TALUK, THENI DISTRICT.

... 1st Respondent/ Petitioner 2 PARAMASIVAM S/O.KARUPPIAH THEVAR, NO.13, MELAPATTI, KADAMALAIKUNDU VILLAGE, ANDIPATTI TALUK,, THENI DISTRICT.

...2nd Respondent /1st Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree in M.C.O.P. No 167 of 2008 dated 08.12.2009 on the file of the Motor Accident Claims Tribunal, Principal District Court,Theni. 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. J.S.MURALI, Advocate appearing for the Appellant and of MR.S.PALANI VELAYUTHAM, Advocate appearing for the first respondent,and the second 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 MotorAccident Claims Tribunal, Principal District Court,Theni, dated 08.12.2009 passed in M.C.O.P. No 167 of 2008 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) That the Appeallant herein/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 8 weeks from the date of receipt of copy of the judgment. ....2

(3) That on such deposit being made, the 1st Respondent herein/claiment be and hereby is permitted to withdraw the award amount by making necessary application before the Tribunal. and https://hcservices.ecourts.gov.in/hcservices/

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) To Principal District Judge The MOTOR ACCIDENT CLAIMS TRIBUNAl.

Court, Theni.

Copy to:

The Section Officer,(2C) V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.J.S.MURALI, Advocate ( SR-1054 dated 19/01/2021 ) ORDER DATED : 18/01/2021 ========================== DECREE ========================== CMA(MD). No.623 of 2010 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree in M.C.O.P. No 167 of 2008 dated 08.12.2009 on the file of the MotorAccident Claims Tribunal, Principal District Court,Theni.

KB(15.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/