Madras High CourtCMA(MD)/367/2016dismissed

The Oriental Insurance v. Boopathy,

2016-06-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Fourteenth day of June Two Thousand and Sixteen PRESENT THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.M.A(MD)No.367 of 2016 The Oriental Insurance Company Limited, by its Manager, Vijay Complex, Opp.Theni Bus Stand Theni Town, Theni District.

..Appellant/Respondent No.2 -vs1.Boopathy 2.Pasuvathy 3.Sarasu @ Saraswathi 4.Pandi 5.Murugan ..Respondents 1 to 5/ Petitioners 1 to 5 6.Kalyanasundaram ..6th Respondent/1st Respondent Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, against the order of the Principal District Judge (Motor Accident Claims Tribunal), Theni dated 10.10.2013 and made in M.C.O.P.No.156 of 2012.

DECREE: This Appeal coming on for hearing on this day, upon perusing the grounds of appeal, the judgment and decree of the lower Court and upon hearing the arguments of Mr.C.Ramachandran, Advocate for the appellant and of Mr.A.K.Manickam, Advocate for the respondents, this court while dismissing the appeal doth order and decree as follows:- i)that the award passed by the Principal District Judge (Motor Accident Claims Tribunal), Theni dated 10.10.2013 in MCOP.No.156 of 2012 be and is hereby confirmed; and this appeal dismissed. ii)that the appellant/Insurance Company be and is hereby directed to deposit the compensation amount awarded by the Tribunal with interest at 7.5% p.a. from the date of petition, less the amount, if any, already deposited, within a period of eight weeks from the date of receipt of a copy of this order; iii)that on such deposit, the claimants be and is hereby permitted to withdraw the same on making proper application. iv)that there be no order as to costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-II) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS)

To The Motor Accident Claims Tribunal, Principal District Judge, Theni.

Copy to : The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.A.K.Manickam, Advocate in SR.30197 +1cc to M/s.C.Ramachandran, Advocate in SR.30389 ORDER DATED : 14.06.2016 DECREE CMA(MD)No.367 OF 2016 Nature of Decree: Dismissing the appeal preferred against the judgment and decree of the Principal District Judge (Motor Accident Claims Tribunal), Theni, in MCOP.No.156 of 2012 dated 10.10.2013 etc., as stated within.

PBK/SK-SKN 02/08/2016 ::3P-5C::

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