Madras High CourtCMA(MD)/493/2018dismissed

New India Assurance Company v. Suseela,

2018-07-17Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Seventeenth day of July Two Thousand and Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD) No.493 of 2018 NEW INDIA ASSURANCE COMPANY LTD, DIVISIONAL OFFICE,NO.2,PARAMATHY ROAD, NAMAKKAL. ...Appellant/2nd Respondent Vs 1.SUSEELA 2.PANNEER 3.MOORTHY 4.SINGARAVELAN ...Respondents 1 to 4/Claimants 5.VENKATACHALAM ...5th Respondent/1st Respondent Prayer:

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act,1988, against the Judgment and decree dated 30.11.2004 passed in M.C.O.P.No.181 of 2000 on the file of the Additional District Judge/Fast Track Court(Motor Accident Claims Tribunal), Pudukkottai.

Decree:

This Civil Miscellaneous Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to this appeal, and upon hearing the arguments of Mr.M.Ramaratnam, Advocate for the Appellant and Mr.J.Anandkumar Advocate for Respondents 1 to 4, this court, doth order and decree as follows:- 1.that the award dated 30.11.2004 passed in M.C.O.P.No.181 of 2000 on the file of the Additional District Judge/ Fast Track Court (Motor Accident Claims Tribunal), Pudukkottai be and hereby is confirmed and this Civil Miscellaneous Appeal stands dismissed; https://hcservices.ecourts.gov.in/hcservices/ 2.that the Appellant do pay the entire award amount as awarded by the Tribunal with interest and costs less the amount already

deposited, if any, to the credit of the claim petition within a period of four weeks from the date of receipt of a copy of this judgment;

3.that on such deposit of the award amount with interest by the appellant, the respondents No.1 to 4/ Claimants shall withdraw their shares with accrued interests and costs as apportioned by the Tribunal, less the amount already withdrawn by them, if any, by filing proper application before the Tribunal; and 4.that there be no costs in this appeal.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar(CS-I) To The Additional District Judge, Fast Track Court Motor Accidents Claims Tribunal, Pudukkottai.

Copy to The Record Keeper, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1CC to Mr.D.Senthil, Advocate in SR.No.73397. RM DS/SKN-RSK/SAR-1 : 01.08.2018: 2P/5C Date :17/07/2018 DECREE CMA(MD) No.493 of 2018 Dismissing this Civil Miscellaneous Appeal by confirming the award passed by the The Additional District Judge/ Fast Track Court MACT, Pudukkottai, in M.C.O.P.No.181 of 2000, dated 30.11.2004.

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