Mrs. The Oriental Insurance Company Ltd., v. Asraf Ali (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Nineteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN AND The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CMA(MD). No.706 of 2019 Mrs. the Oriental Insurance Company Ltd. Rep. by its the Branch Manager Door No.7 West Veli Street Madurai-1.

... Petitioner/Appellant/Accused Vs 1 Asraf Ali (Died) 2 Samsumaidheen 3 Thaipullakkan 4 Paris Ali

...Respondents 1 to 4/Petitioners 1 to 4

5 Sivaramaganesh ...5th Respondent/1st Respondent Prayer :- Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle Act,1988, against the Decree and Judgment made in MCOP No.494 of 2014, dated 26.04.2019, on the file of the District Motor Accident Claims Tribunal cum Special 1/3

District Judge (MACT), (Incharge), Madurai.

DECREE:- This Civil Miscellaneous Appeal coming on for hearing on this day upon perusing the grounds of Appeal, the order of the Lower court and the material records in the case and upon hearing the arguments of Mr.K.Balasubramanian Advocate for the appellant and of Mr.S.A.S.Alaudeen Advocate for the Respondents and this court doth order and decree as follows:- 1)That the judgment and decree and award passed by the Motor Accident Claims Tribunal cum Special District Judge(MACT) (incharge) madurai, in M.C.O.P.No.494 of 2014, dated 26.04.2019 be and hereby is confirmed and this civil miscellaneous appeal is dismissed.

2) That the appellant be and hereby is directed to deposit the award amount of Rs.24,58,000/- with proportionate accrued interest and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of this order.

3) On such deposit being made, the respondents 1 and 2 be and hereby are entitled to withdraw their award amount as per order and apportionment made by the tribunal by filing necessary application before the tribunal. 2/3

4) That there be no costs in this civil miscellaneous appeal. Sd/- Assistant Registrar( C. O) // True Copy // /11/2024 Sub Assistant Registrar (CS - I/ II / III /IV) TO 1.The District Motor Accident Claims Tribunal cum Special District Judge (MACT) (incharge), Madurai.

2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 19/02/2024 ========================== DECREE +

JUDGMENT

========================== CMA(MD). No.706 of 2019 KVL/13.11.2024 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3