United India Insurance Co.Ltd. v. R.Pandiarajan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Tenth day of September Two Thousand Eighteen PRESENT The Honouable Ms.Justice V.M.VELUMANI CIVIL MISCELLANEOUS APPEAL(MD) No.971 of 2017 UNITED INDIA INSURANCE CO.LTD.
THROUGH ITS BRANCH MANAGER, SEETHALAKSHMI COMPLEX, THIRU NAGAR, MADURAI-625 006. ... Appellant Vs 1 R.PANDIARAJAN S/O.RAMASAMY, KRISALPATTY VILLAGE, THIRUMANGALAM TK, MADURAI DT.
2 J.MOHAN S/O.JEYAPANDI, KARISALPATTY VILLAGE, THIRUMANGALAM TK, MADURAI DT. ... Respondents Prayer in CMA(MD). 971/ 2017 :
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, to allow this appeal and set aside the judgment and decree passed in MCOP.No.371 of 2014 dated 25/01/2017 on the file of the Motor Accidents Claims Tribunal, Special Sub Court for MCOP Cases, Madurai ORDER : This Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal, the Judgement and Decree of the Lower Court and the material papers in the Appeal and upon hearing the arguments of M/S.A.S.Mathialagan, Advocate for the Appellant and of Mr.S.Loganathan Advocate for the first respondent and none appeared on behalf of the second respondent, this court doth order and decree as follows:
1.that the judgment and decree dated.25.01.2017 passed in MCOP.No.371 of 2014 dated 25/01/2017 on the file of the Motor Accidents Claims Tribunal/Special Sub Court for MCOP Cases, Madurai be and hereby are confirmed and the Civil Miscellaneous Appeal is dismissed;
2.that the appellant/Insurance Company be and hereby directed to deposit the compensation amount as directed by the Tribunal with accrued interest and costs to the credit of M.C.O.P.No.371 of 2014, on the file of the Motor Accidents Claims Tribunal, Special Sub Court for MCOP Cases, Madurai, within a period of eight weeks from the date of receipt of copy of this judgment, less the amount, if any,already deposited.
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3.that on such deposit, the first respondent is permitted to withdraw the said award amount, less the amount, if any, already withdrawn by making necessary application before the Tribunal Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The Special Subordinate Judge Motor Accident Claims Tribunal, Special Sub Court for MCOP Cases, Madurai.
2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1cc to Mr.A.S.Mathialagan Advocate in CASR.83526 +1cc to Mr.S.Loganathan Advocate in CASR.83397 ORDER DATED:10.09.2018 DEGREE CMA(MD) No.971 of 2017 Dismissing this Appeal etc., as stated within SP-NM/RP/SAR-4 (20.02.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/