Madras High CourtCRL OP(MD)/755/2016disposed of

G.Saravanakumar v. The Superintendent Of Police

2016-01-18Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the eighteenth day of January, Two Thousand and Twenty One PRESENT The Honourable Mrs.Justice T.KRISHNAVALLI CMA(MD). No.755 of 2016 Aruldhas ... Appellant/Petitioner Vs

1. K.Mahesh,

2. Kalkulam Special Officer, Vilavancode Taluk Agricultural Producers, Co-operative No.285, Marthandam, Kanyakumari District.

3. Iffco Tokiya General insurance Company Ltd., Office at 335/1A, V.V.Complex, North Bye Pass Road, Vannarpettai, Tirunelveli.

...

Respondents/Respondents Prayer:- Civil Miscellaneous Appeal filed under Section 173(1) of Motor Vehicles Act, preferred against the judgment and decree of the Motor Accident Claims Tribunal(Sub Court), Kuzhithurai dated 17.02.2016 made in M.C.O.P. No.62 of 2011.

DECREE:-This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Motor Accident Claims Tribunal(Sub Court), Kuzhithurai and the material papers to the Appeal and upon hearing the arguments of MR.M.Punitha Deva Kumar, Advocate for the Appellant and of MR.V.Sakthivel, Advocate for the 3rd respondent, and the 1st and 2nd Respondents not appearing 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 (Sub Court), Kuzhithurai dated 17.02.2016 made in M.C.O.P. No.62 of 2011 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

(2) That the 3rd respondent/Insurance Company be and hereby is directed to deposit the entire amount with accrued interest and costs within a period of eight weeks from the date of receipt of a copy of this order, if not deposited already; (3) On such deposit, the claimant is permitted to withdraw the entire amount without filing any formal application before the Tribunal;

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(4) And that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal(Sub Court), Kuzhithurai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Spl.Govt.Pleader ( SR-1080 ) ORDER DATED : 18/01/2021 ========================== DECREE ========================= CMA(MD). No.755 of 2016 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accident Claims Tribunal(Sub Court), Kuzhithurai dated 17.02.2016 made in M.C.O.P.

No.62 of 2011. and giving directions etc.

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