The Branch Manager, v. M.Ramasamy,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday,the Twenty fourth day of November Two thousand and Sixteen PRESENT THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM CMA(MD)No.29 of 2015 The Branch Manager, United India Insurance Company Limited, 78, Kamarajar Salai, Cauvery Nagar, Kulithalai.

... Appellant/2nd Respondent vs.

1)M.Ramasamy ... 1st Respondent/Petitioner 2)R.Kandasamy ... 2nd Respondent/1st Respondent (R2 exparte in Tribunal) Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the Order of the Motor Accident claims Tribunal (Principal Sub Judge) Karur dated 27.02.2014 made in MCOP.No.201 of 2012.

ORDER: This Appeal coming on for hearing on this day upon perusing the grounds of Appeal,the order of the Lower Court,and the material papers available in the Appeal and upon hearing the arguments of Mr.J.S.Murali,Advocate for the Appellant and of Mr.N.Sudhagar Nagaraj,Advocate for the First Respondent and the Second Respondent not appearing either in person or by an Advocate and observing that the Appellant/Insurance company and the 1st respondent/claimant has withdraw 50% of the award amount with proportionate interest has already deposited entire Award amount that while this Court allowing the Appeal in part,doth order and decree as follows:- (i)that the Award amount of Rs.12,39,400/=(Rupees Twelve Lakhs Thirty Nine Thousand and Four Hundred only) by order dated 27.02.2014 made in MCOP.No.201 OF 2012 On the file of the Motor Accident claims Tribunal(Principal Subordinate Judge),Karur be and hereby is reduced to Rs.11,89,400/-(Rupees Eleven lakhs Nine Thousnd and Four Hundred only) and in all other respect the award of the Tribunal concerned is confirmed;

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(ii) that the First Respondent/claimant be and hereby is permitted to withdraw the modified award amount with propornate interestand costs,less the amount already withdraw,through RTGS,by filling necessary application before the Tribunal concerned;

(iii) that the Appellant/Insurance company be and hereby is permitted to withdraw the excess Award amount deposited; and (iv) that here be no costs in the present Appeal. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To The Principal Sub Judge, Motor Accident Claims Tribunal, Karur.

Copy to:

The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.

+1 cc to Mr.J.S.Murali,Advocate,Sr.No.73051 +1 cc to Mr.N.Sudhagar Nagaraj,Advocate,Sr.No.73089 ORDER DATED:24.11.2016 DECREE CMA(MD)No.29 of 2015 Nature of the DECREE: - Allowing the Appeal in part preferred against the Award dated 27.02.2014 in MCOP.No.201/12 On the Motor Accidents claims Tribunal (Principal Sub Judge),Karur.

sj AAM MR VB 31.01.2017 2P 5C https://hcservices.ecourts.gov.in/hcservices/