S.Muralitharan, v. M.Marikani,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Second day of November Two Thousand and Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMA(MD) No.928 of 2018 S.MURALITHARAN, ...APPELLANT/1st RESPONDENT Vs 1 M.MARIKANI ...1st RESPONDENT/CLAIMANT 2 NEW INDIA ASSURANCE CO.LTD., THROUGH ITS BRANCH MANAGER, NO.96, BHARATHIYAR STREET, SATTUR.

... 2nd RESPONDENT/ 2nd RESPONDENT PRAYER:

This Civil Miscellaneous Appeal is filed under section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 13.03.2018 passed in MCOPNo.415 of 2015 on the file of learned IV Additional Sub Judge, Motor Accident Claim Tribunal, Madurai. DECREE:

This Civil Miscellaneous Appeal is coming on for hearing on this day and upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to the case and upon hearing the arguments of Mr.S.Pon Senthil Kumaran, Advocate for the Appellant, and of Mr.D.sivaraman, Advocate for the 2nd respondent, and this Court while partly allowing the Appeal and in modification of the award of the Tribunal below, doth order and decree as follows: 1.that the appellant and the Second Respondent Insurance Company be and hereby are directed to deposit the award amount with interest at 7.5% p.a., from the date of claim petition till the date of realization and proportionate costs jointly and severally, to the credit of M.C.O.P NO.415 of 2015, on the file of the Motor Accident Claims Tribunal(IV Additional Subordinate Judge) Madurai, within a period of eight weeks from the date of receipt of a copy of this judgment.

2.that on such deposit, the first respondent/claimant is permitted to withdraw the award amount with interest and proportionate costs by making necessary application before the Tribunal; and 3.that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS III) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS III)

TO THE IV ADDITIONAL SUB JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

Copy To:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1CC to Mr.D.SIVARAMAN , Advocate SR.No.94219. +1CC to Mr.S.PON SENTHILKUMARAN , Advocate SR.No.94200. ORDER DATED :02/11/2018 DECREE CMA(MD) No.928 of 2018 NATURE OF THE DECREE:

Partly Allowing the appeal preferred against the award of MCOPNo.415 of 2015 and etc as stated within.

DS/ /SAR- (04.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/