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Madras High CourtCMA(MD)/903/2018dismissed

The Branch Manager v. S.A.Manickam (Died)

2018-10-24Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Fourth day of October Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMA(MD). No.903 of 2018 THE BRANCH MANAGER NATIONAL INSURANCE CO LTD PUDUKKOTTAI.

... Appellant(s) Vs 1 S.A.MANICKAM (DIED) SOUNTHARAM, W/O.MANICKAM, RESIDING AT VADAKADU, VADAKKUPATTI, VADANADU POST, ALANGUDI TK, PUDUKKOTTAI DT.

2 MUTHURAJA NO.15, PILLAIYAR KOIL ST, JAFFERKHANPET, CHENNAI.

... Respondent(s) Prayer:- Civil Miscellaneous Appeal preferred against the judgment and decree of the ADDITIONAL DISTRICT JUDGE, PUDUKKOTTAI. MACT FAST TRACK COURT, dated 25/06/2009 made in M.C.O.P.821/2003 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 MRS.K.R.SIVASANKARI, Advocate for the Appeallant and of MR.N.BALAKRISHNAN, Advocate for the respondent, in this Court, doth order and decree as follows:-

(1) That the award passed by the ADDITIONAL DISTRICT JUDGE, PUDUKKOTTAI. MACT FAST TRACK COURT, dated 25/06/2009 made in M.C.O.P.821/2003 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 amount awarded by the Tribunal, together with interest to the cridit of M.C.O.P.821/2003 on the file of the ADDITIONAL DISTRICT JUDGE, PUDUKKOTTAI. MACT FAST TRACK COURT after deducting the amount already deposited if any, within a period of 8 weeks from https://hcservices.ecourts.gov.in/hcservices/ the date of receipt of copy of this judgment.

(3) That on such deposit being made, the claiments be and are hereby permitted to withdraw that award amount together with accrued interest on filling necessary application before the Tribunal.

(4) That there be no order as to costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(RECORDS) /True Copy/ Sub Assistant Registrar TO The ADDITIONAL DISTRICT JUDGE, MACT FAST TRACK COURT, PUDUKKOTTAI, Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-91866 dated 25/10/2018 ) +1 CC to M/s.N.BALAKRISHNAN, Advocate ( SR-92269 dated 26/10/2018 ) ORDER DATED : 24/10/2018 ========================== DECREE ========================== CMA(MD). No.903 of 2018 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the ADDITIONAL DISTRICT JUDGE, PUDUKKOTTAI. MACT FAST TRACK COURT, dated 25/06/2009 made in M.C.O.P.821/2003.

ES/26.02.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/