National Insurance Co.Ltd., v. Saravanan,

CMA(MD). No.885 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Civil Appellate Jurisdiction) Wednesday, the Twenty Second day of December, Two Thousand and Twenty One PRESENT The Honourable Mrs.Justice R.THARANI CMA(MD). No.885 of 2013 National Insurance Company Limited through its Divisional Manager, Office at No.37-C, S.N. High Road, Tirunelveli.

... Appellant/2nd Respondent Vs

1. M.Saravanan ... 1st Respondent/Petitioner

2. M.Ramasamy

3. M.Kumar

4. M.Boomiraj ... Respondents 2 to 4/ Respondents 3 to 5 Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Additional District Judge, Motor Accidents Claims Tribunal (The Additional District Court/Fast Track Court No.2), Tirunelveli dated 12.02.2007 made in M.C.O.P. No.1135 of 2004.

DECREE:- This Civil Miscellaneous Appeal came up for final hearing on Thursday, the Twenty First day of October, Two Thousand and Twenty One, 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.S.SRINIVASA RAGHAVAN, Advocate for the Appellant, and the Respondents herein not appeared either in person or through Advocate, and having stood-over the matter for consideration till this day, this Court doth order and decree as follows:-

(1) That the Award dated 12.02.2007 made in M.C.O.P. No.1135 of 2004 on the file of the Motor Accidents Claims Tribunal (The Additional District Court/Fast Track Court No.2), Tirunelveli be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

(2) That the Appellant/Insurance Company be and hereby is directed to deposit the entire compensation amount of Rs.86,000/- (Rupees Eighty Six Thousand only) along with interest at the rate of 7.5 per cent per annum from the date of petition till the date of deposit and with costs, within a period of eight weeks from the date of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.885 of 2013 receipt of a copy of this judgment, if not deposited already;

(3) That on such deposit being made, the first respondent/Claimant be and is hereby permitted to withdraw the entire amount, after deducting the amount, if any already received by him;

(4) That the Claimant be and hereby is not entitled for interest for the default period, if any;

(5) And that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Additional District Judge, Motor Accidents Claims Tribunal (The Additional District Court/Fast Track Court No.2), Tirunelveli.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) + 1 CC to M/s S.Srinivasa Raghavan, Advocate,Sr. No.40053 dated 22/12/2021.

ORDER DATED : 22/12/2021 ========================== DECREE ========================== CMA(MD). No.885 of 2013 Nature of Decree:-Dismissing the CivilMiscellaneous Appeal preferred against the judgment and decree of the Motor Accidents Claims Tribunal (The Additional District Court/Fast Track Court No.2), Tirunelveli dated 12.02.2007 made in M.C.O.P. No.1135 of 2004 and giving directions etc. as stated therein.

KB(12.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2