Madras High CourtCMA(MD)/700/2010dismissed

The New India Assurance Co v. Sahayaraj

2021-03-25Honourable Mr Justice K. Kalyanasundaram2 pages

CMA(MD). No.700 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fifth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.700 of 2010 The New India Assurance Co.Ltd., 2486, Rekha Towers Kamarajar Salai Madurai.

... Appellant/2nd Respondent Vs 1.SAHAYARAJ ... 1st Respondent/Petitioner 2.R.KANNAN ... 2nd Respondent/1st Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree dated 09.09.2009 made in MCOP No.36/2007 on the file of the Motor Accident Claims Tribunal, Sub-Court, Kulithalai 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.B.VIJAYA KARTHIKEYAN, Advocate for the Appeallant and of MR.D.SRINIVASA RAGHAVAN, advocate for First Respondent and no appearance for the Second Respondent either in person or by Advocate , this Court doth order and decree as follows:-

1. That the award dated 09.09.2009 made in M.C.O.P No.36/2007 on the file of the Motor Accident Claims Tribunal, Sub-Court, Kulithalai 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 that on such deposit being made,the claimant is permitted to withdraw the award amount, less the amount already withdrawn, if any together with proportionate interest and costs and https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.700 of 2010

4. That there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal, (Sub-Court) Kulithalai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench - 2 Copies +1 CC to M/s.D.SRINIVASARAGAVAN, Advocate (SR-13755 dated 25/03/2021) +1 CC to M/s.B.VIJAYKARTHIKEYAN, Advocate (SR-13823 dated 26/03/2021) ORDER DATED : 25/03/2021 ========================== DECREE ========================== CMA(MD). No.700 of 2010 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 09.09.2009 made in MCOP No.36/2007 on the file of the Motor Accident Claims Tribunal, Sub-Court, Kulithalai KB(28.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2