Madras High CourtCMA(MD)/66/2014dismissed

The Oriental Insurance Company v. Minor G.Manimuthu Kumaran

2019-03-12Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twelfth day of March Two Thousand Fourteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM and The Hon`ble Mrs.Justice R.THARANI CMA(MD) No.66 of 2014 THE ORIENTAL INSURANCE COMPANY LIMITED, REP BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE-I, COIMBATORE, NO.4, HEAD QUARTERS ROAD, R.V.R. BUILDING II FLOOR, COIMBATORE.

... Appellant/Second Respondent Vs 1 MINOR G.MANIMUTHU KUMARAN ... 1st Respondent / Petitioner 2 P.R.RAAJENDRAN ... 2nd Respondent/First Respondent (2nd Respondent remained exparte before the lower court) 6 THE NATIONAL INSURANCE COMPANY LIMITED, REP BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE-1, L.R.N.BUILDING 2ND FLOOR, SARADHA COLLEGE ROAD, SALEM - 636 007.

... Third Respondent /Third Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988 preferred against the award of the District Judge, Motor Accident Claims Tribunal, Karur dated 29.10.2013 made in MCOP.433 of 2011.

DECREE : This Civil Miscellaneous Appeal having come up for final hearing on this day, 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.K.BHASKARAN, Advocate for the Appellant and of MR.P.GANAPATHI SBURAMANIAN, Advocate for first and 2nd Respondents as set exparte, MR.S.SRINIVASA RAGHAVAN, Advocate for the Third respondent, this court doth order and decree as follows:-

1. That the award passed by the Trbunal be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed. https://hcservices.ecourts.gov.in/hcservices/

2. That the claimant is entitled to a sum of Rs.87,650/- as total compensation with interest 7.5% P.A. From the date of claim petition till the date of realization;

3. That the appellant is directed to deposit the award amount, less the amount already deposited, with proportionate accrued interest and costs within a period of eight weeks from the date of receipt of copy of this order.

4. on such deposit being made, the claimant who was a minor agaed 15 years in the year 2011, seems to have now attained majority, is permitted to receive the award amount with interest and costs, by filing necessary application before the Tribunal.

5. That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS) TO 1 THE DISTRICT JUDGE, (MOTOR ACCIDENT CLAIMS TRIBUNAL), KARUR.

2 THE SECTION OFFICER, V.R. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (2 COPIES) +1. C.C. to M/S.K.BHASKARAN Advocate SR.No.53334 +1CC TO MR.S.SRINIVASA RAGHAVAN, Advocate Sr. No. 5700 DATED :12/03/2014 DECREE CMA(MD) NO.66 OF 2014 Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the district Judge, Karur, Motor Accident Claims Tribunal dated 29.10.2013 made in MCOP.No.433 of 2011.

https://hcservices.ecourts.gov.in/hcservices/ TR (12.04.2019) 4P 6C