Madras High CourtCMA(MD)/441/2020dismissed

R. Indirani v. N. Manoharan

2020-11-27Honourable Mr Justice N. Seshasayee2 pages

CMA(MD). No.441 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Seventh day of November Two Thousand and Twenty PRESENT The Honourable Mr.Justice N.SESHASAYEE CMA(MD). No.441 of 2020 Tmt.R.INDIRANI ... Appellant/Petitioner Vs

1. Thiru N. MANOHARAN

2. M/s United India Insurance Co. Ltd., Rep. by its Divisional Manager, Divisional Office, 7A, West Veli Street, Madurai 625 001.

... Respondents/Respondents Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Motor Accident Claims Tribunal/V Additional District Judge, Madurai, dated 08.03.2019 and made in M.C.O.P. No.1158 of 2016. 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.N.SUDHAGAR NAGARAJ, Advocate for the Appellant, and of MR.I.SUTHAKARAN, Advocate for the respondent (the first respondent not appearing either in person or through an Advocate), this Court doth order and decree as follows:

(1) That the Award passed by the Motor Accident Claims Tribunal/V Additional District Court, Madurai dated 08.03.2019 and made in M.C.O.P. No.1158 of 2016 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) That the second Respondent/Insurance company be and hereby is directed to deposit the entire Award amount with accrued interest and costs, less the amount already deposited, if any, to the credit of M.C.O.P. No.1158 of 2016 on the file of the Motor Accidents Claims Tribunal/V Additional District Court, Madurai, within a period of eight weeks from the date of receipt of copy of this order.

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CMA(MD). No.441 of 2020

(3) That on such deposit being made, the Appellant/Claimant be and is hereby permitted to withdraw the entire award amount along with accrued interest and costs, without filing a formal application seeking permission; and

(4) that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (A.S) // True Copy // / /2021 Sub Assistant Registrar(CS) To The V Additional District Judge, The V Additional District Court/The Motor Accident Claims Tribunal, Madurai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies.

+1 CC to Mr.A.Theethar, Advocate (SR-23282 dated 30.11.2020) +1 CC to Mr.I.Suthakaran, Advocate ( SR-23241 dated 30.11.2020) DATED : 27/11/2020 DECREE CMA(MD). No.441 of 2020 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the MACT/V Additional District Court, Madurai, dated 08.03.2019 made in MCOP.

No. 1158 of 2016 and giving directions etc. as stated therein.

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