The United India Insurance Co. v. Bhavani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Tenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN AND The Hon`ble Mrs.Justice S.ANANTHI CMA(MD). No.297 of 2019 THE UNITED INDIA INSURANCE COM LTD.

HAVING OFFICE AT SOUTH MAIN STREET, THANJAVUR TOWN AND MUNSIFI, BY ITS REGIONAL MANAGER THANJAVUR..

... Appellant/2nd Respondent Vs 1 BHAVANI, 2 MINOR VIJAI AATHEESH 3 MINOR VIJAYAVAISHNAVI 4 PALANIVEL 5 SAMARASAM

...Respondents 1to 5/Petitioners

6 VEERAKUMAR, ... 6th Respondent/1st Respondent 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(III Additional District and Sessions Judge) Thanjavur at Pattukottai dated 11.01.2018, made in M.C.O.P.No.146 of 2016.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Thursday the Twenty Eighth day of October Two Thousnand 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.G.PRABHU RAJADURAI, Advocate for the Appellant, Mr.B.ANANDAN,Advocate for the respondents one to five and of Mr. S.DEENADHAYALAN, Advocate for the sixth respondent, having stood over consideration by this Court till date and doth order and decree as follows:-

(1) That the award passed by the the Motor Accident Claims Tribunal (III Additional District and Sessions Judge) Thanjavur at Pattukottai dated 11.01.2018, made in M.C.O.P.No.146 of 2016, be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed,

(2) That the Appeallant/Insurance Company be and hereby is directed to deposit the entire award amount with accrued interests and costs if not already deposited, within a period of twelve weeks from the date of receipt of a copy of the Judgment, herein, https://hcservices.ecourts.gov.in/hcservices/

(3) That on such deposit being made, the major claimants be and are

hereby permitted to withdraw their shares as apportioned by the Tribunal with proportionate interests and costs,

(4) That the Tribunal is directed to deposit the share of the minor claimants in any of the Nationalised Banks, in interest bearing Fixed Deposit scheme till they attain majority. (5)That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO III Additional District and Sessions Judge, MOTOR ACCIDENT CLAIMS TRIBUNAl, Thanjavur at Pattukottai. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-34008 dated 10/11/2021 ) +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-34140 dated 11/11/2021 ORDER DATED : 10/11/2021 ========================== DECREE ========================== CMA(MD). No.297 of 2019 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accident Claims Tribunal (III Additional District and Sessions Judge) Thanjavur at Pattukottai dated 11.01.2018, made in M.C.O.P.No.146 of 2016.

RD(09.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/