Madras High CourtCRP(MD)/370/2008disposed of

National Insurance Co. Ltd. v. Minor M.Kombaiah

2020-11-23Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Twenty Third day of November Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice R.MAHADEVAN CRP(MD)No. 370 of 2008 National Insurance Co. Ltd., Rep. by its Branch Manager, No.11, 92, Thevarpuram Road, Tuticorin-3 .... Petitioner

VERSUS

1.Minor M.Kombaiah, S/o.Murugan, South Street, Panangulam, Nanguneri Taluk, Tirunelveli District.

Rep. by Next Friend & Father Murugan.

2.G.Jeyaraj, S/o.Gopalakrishnan, 1A8, Mada Street, Sernthamaram Post, Sankarankovil Taluk, Tirunelveli District.

3.The Proprietor, M/s.Santhi Finance Corporation, 46, Irulappan Street, Sowcarpet, Chennai, Tamil Nadu. .... Respondents PRAYER IN CRP(MD)No. 370 OF 2008 :

Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 30.12.2005 made in MCOP No. 987 of 2004 on the file of Motor Accident Claims Tribunal, (Principal District Judge), Tirunelveli. DECREE:- This Civil Revision Petition coming up for final hearing on this day, upon perusing the Grounds of revision, the award of the Tribunal and the material papers to the revision and upon hearing the arguments of MR.S.SRINIVASA RAGHAVAN, Advocate for the petitioner and the Respondents 1 and 2 having not appeared either in person or by an Advocate, this Court while allowing the Revision in part doth order and decree as follows ;

1. That, the quantum of compensation awarded by the Tribunal be and hereby is confirmed as such ;

2. that, the Petitioner / Insurance Company be and hereby is directed to deposit the entire compensation amount along with https://hcservices.ecourts.gov.in/hcservices/

interest and costs, as ordered by the Tribunal after deducting the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment and thereafter, recover the same from the owner and the financier of the vehicle, in accordance with law ;

3. that, on such deposit being made the first respondent Claimants be and hereby is permitted to withdraw the same on making proper application before the Tribunal and

4. That, there be no costs in this Civil Revision Petition. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Principal District Judge, MOTOR ACCIDENT CLAIMS TRIBUNAl, Tirunelveli.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 23/11/2020 ========================== DECREE ========================== CRP(MD)No.370 of 2008 Nature of Decree:- Allowing the Civil Revision Petition in part preferred against the fair and decreetal order dated 30.12.2005 and made in MCOP No. 987 of 2004 on the file of Motor Accidents Claims Tribunal, Principal District Judge, Tirunelveli.

VB (04.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/