Madras High CourtCMA(MD)/976/2013dismissed

Bharti Axa General Insurance v. Soundaravalli,D/O.Poovalingam,

2021-06-14Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Monday, the Fourteenth day of June Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.976 of 2013 BHARTI AXA GENERAL INSURANCE, CO.LTD. SRIRAM CENTRE GROUND FLOOR B.B., CHAVADY THENI MAIN ROAD MADURAI ... Appellant / 2nd Respondent Vs 1 SOUNDARAVALLI,D/O.POOVALINGA M,, CHATHIRAKUDI, PARAMAKUDI TK,, RAMANATHAPURAM DIST. NOW RESI. AT NO.106,, RANI INDIRADEVI NAGAR, RAMANATHAPURAM TK & DISTRICT ... 1st Respondent / Petitioner 2 M/S.POORNA SRI MINERALS, NO.1/11-A, SF NO.27/12, RAJAKAMBEERAM,, OTHAKADAI, MADURAI 625 017 ...

2nd Respondent / 1st Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award of the Additional District Judge, Motor Accident Claims Tribunal, Ramanathapuram in MCOP No.71 of 2011 dated 15.10.2012. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, 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 of Mr.P.VAIRAVASUNDARAM, Advocate for the first respondent, and second respondent not appeared either in person or by an Advocate, this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal, Additional District Judge, Ramand in MCOP No.71 of 2011 dated 15.10.2012 is hereby confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) That the Appellant/Insurance Company be and hereby is directed to deposit the entire award amount along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit and costs within a period of eight weeks from the date of receipt of copy of this Judgment, less the amount if already deposited by the appellant.

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(3) That on such deposit being made, the first respondent / claimant be and are hereby permitted to withdraw the award amount, less the amount if already withdrawn.

(4) That the claimant is not entitled for interest for the default period if there is any default.

(5) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL RAMANATHAPURAM.

Copy to The Section Officer,(2C) VR Section Madurai Bench of Madras High Court Madurai +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-19297 dated 15/06/2021 ) ORDER DATED : 14/06/2021 ========================== DECREE ========================== CMA(MD). No.976 of 2013 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the Motor Accident Claims Tribunal, Additional District Judge, Ramanad made in MCOP No.71 of 2011 dated 15.10.2012 and etc., and as stated therein KB(23.06.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/