The Dist Police Superintendent v. Panchavarnammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Thirteenth day of March, Two Thousand and Seventeen PRESENT THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.(MD)No. 81 of 2017 The District Police Superintendent, District Police Office, Theni.

..Appellant / 1st Respondent Vs 1.Panchavarnammal ..1st Respondent/Petitioner 2.M.Ramarmohan 3.The Branch Manager, New India Assurance Co. Ltd., 674, Periakulam Road, Theni.

..Respondents 2 and 3/Respondents 2 & 3 Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award passed by Chief Judicial Magistrate, Motor Accident Claims Tribunal, Theni dated 18/02/2015 made in MCOP No.25/2014.

DECREE: This Appeal coming for hearing on this day; upon perusing the grounds of Appeal, award of the tribunal below and the material papers of the Appeal, and upon hearing the arguments of Mr.M.Murugan, learned Government Advocate on behalf of the Appellant, and of Mrs.P.Malini,learned Advocate for the 3rd Respondent, while dismissing the Appeal, this Court doth order and decree as follows;

(i)That, the award passed by the Chief Judicial Magistrate, Motor Accident Claims Tribunal, Theni, dated 18/02/2015 made in MCOP No.25 of 2014 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

(ii)That, the Appellant herein/1st Respondent be and hereby is directed to deposit the entire award amount to the credit of MCOP NO.25 of 2014, on the file of the Motor Accident Claims TribunalCum-Chief Judicial Magistrate,Theni less the amount already deposited, if any, alongwith interest @ 7.5% P.a., from the date of petition till the date of realisation and proportionate costs, within a period of eight weeks from the date of receipt of a copy of this Judgment;

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(iii)That, on such deposit, the Tribunal below be and hereby is directed to transfer the respective award amount to the personal Savings Bank Account of the Claimants, after getting their Account details, within a period of two weeks thereafter and (iv)That, there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To The Chief Judicial Magistrate, Motor Accidents Claims Tribunal, Theni.

Copy to:

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

+1CC to M/S.R.Suriyanarayanan, Advocate, SR.No. 14214 +1CC to the Special Government Pleader SR.No. 14385 Dated: 13.03.2017 DECREE CMA(MD)NO.81 of 2017 Dismissing the Appeal preferred against the award passed by the Chief Judicial Magistrate, Motor Accident Claims Tribunal, Theni dated 18/02/2015 made in MCOP No.25 of 2014 and etc., as stated within.

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