National Insurance Company Ltd v. S.Elcy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Thursday, the Twenty Seventh day of September Two Thousand and Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMA(MD). No.784 of 2018 National Insurance Company Limited, Rep. by its Branch Manager, P.B.No.112, Anguvilas Building, Northcar Street, Nagercoil, Kanyakumari District.

... Appellant/2nd Respondent Vs.

1.S.Elcy 2.R.Sahaya Arul 3.R.Xavier 4.R.Latha 5.R.Thanus Mary 6.R.Mabel Rani 7.R.Jegan 8.A.Mary Seetha 9.Jebin ... Respondents/Petitioners 10.M.Sirajudeen ... 10th Respondent/1st Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award of the Motor Accident Claims Tribunal, District Judge, Kanyakumari District at Nagercoil dated 14.12.2009 made in M.C.O.P.No.89 of 2006. DECREE:- This Civil Miscellaneous Appeal coming on for hearing on this date, upon perusing the grounds of Appeal, the order of the Lower Court, and upon hearing the arguments of MR.C.R.KRISHNAMOORTHY, Advocate for the Appeallant and of MR.B.THMIL NIDHI, Advocate for the respondent 2 to 9, this Court dismissing the Civil Miscellaneous Appeal doth order and decree as follows:-

(1) That the award passed by the the District Judge, Motor Accident Claims Tribunal, Kanyakumari District at Nagercoil, in M.C.O.P.89/2006 dated 14/12/2009 be and hereby confirmed and this Civil Miscellaneous Appeal dismissed.

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(2) That the Claimants 1 to 9 be and hereby are permitted to withdraw their shares as apportioned by the Tribunal by filing

necessary application before the Tribunal.

(3) That there be no costs in this civil Miscellaneous Appeal. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar TO THE DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KANYAKUMARI AT NAGERCOIL.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.B.TAMIL NIDHI, Advocate ( SR-87281 ) +1 CC to M/s.N.S.RAMAKRISHNA DASS, Advocate ( SR-87959 ) ORDER DATED : 27/09/2018 ========================== DECREE ========================== CMA(MD). No.784 of 2018 Dismissing the CMA preferred against the award of the District Judge (MACT), Kanyakumari District at Nagercoil, in MCOP No.89/2006, dated 14.12.2009 etc., as stated within.

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