Madras High CourtCMA(MD)/538/2016dismissed

Maithili, v. Minor Niranjan,

2016-07-11Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eleventh day of July Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMA(MD) No.538 of 2016 and CMP(MD).No. 6538 of 2016 MAITHILI ... APPELLANT/1ST RESPONDENT Vs 1 MINOR NIRANJAN, REP. THROUGH HIS FATHER AND GUARDIAN - UMAKESAN ... 1ST RESPONDENT/PETITIONER 2 THE REGIONAL MANAGER, M/S. UNITED INDIA INSURANCE CO. LTD., 1783/84, SOUTH ST., THANJAVUR. ... 2ND RESPONDENT/2ND RESPONDENT Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 30.01.2010 made in M.C.O.P.No.727 of 2007 dated 30.01.2010 on the file of the Motor Accidents Claim Tribunal / Additional District Court (Fast Track Court) Thanjavur.

Decree : This Civil Miscellaneous Appeal is coming on for orders on this day and upon perusing the grounds of Appeal, the order of the Lower Court and the material papers in these Appeals and upon hearing the arguments of Mr.N.Sudhagar Nagaraj, Advocate for the appellant, 1st respondent not appearing in person or by an advocaet and of Mr.N.Dilipkumar, Advocate for the second respondent and this Court doth order and decree as follows :

1.that the Judgment and Decree passed by the Motor Accidents Claims Tribunal, Additional District Court (Fast Track Court), Thanjavur dated 30.1.2010 made in M.C.O.P.No. 727 of 2007 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed. 2.that the Appellant be and is hereby directed to deposit the entire award amount along with proportionate interest and costs. If not already deposited within a period of eight weeks from the date of receipt of the copy of the Judgement.

3.that on such deposit being made, the claimant is permitted to withdraw the entire award amount, without filing any formal petition before the Tribunal.

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4.that there be and hereby no costs in this Civil Miscellaneous Appeal.

sd/- Assistant Registrar (Records) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ADDITIONAL DISTRICT COURT (FAST TRACK COURT) THANJAVUR.

COPY TO :

THE SECTION OFFICER V.R.SECTION MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S. N.SUDHAGAR NAGARAJ Advocate SR.No. 35666 +1cc to M/S.N.DILIPKUMAR,ADVOCATE, SR NO: 35509 ORDER DATE : 11.07.2016 D E C R E E CMA(MD) No.538 of 2016 and CMP(MD)No. 6538 of 2016 Dismissing the Appeal preferred against the Judgement and Decree of Motor Accident Claims Tribunal, Additional District Court (Fast Track Court) Thanjavur dated 30.1.2016 made in M.C.O.P.No. 727 of 2007 and etc., as stated within.

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