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Madras High CourtCMA(MD)/1203/2014disposed of

The Oriental Insurance Company v. R.Perumal

2016-11-252 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Twenty Fifth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMA(MD) No.1203 of 2014 and MP(MD)No. 2 of 2014 THE ORIENTAL INSURANCE COMPANY LTD, REP BY ITS DIVISONAL MANAGER, PROMENADE ROAD, CANTONMENT, TRICHY. ... APPELLANT/2ND RESPONDENT Vs 1 A.KANNAN ... 1st RESPONDENT/PETITIONER 2 A. THOMAS (2ND RESPONDENT REMAINED EXPARTE BEFORE THE LOWER COURT) ... 2ND RESPONDENT/1ST RESPONDENT Civil Miscellaneous Appeal filed Under Section 173 of Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No. 311 of 2011 dated 16.09.2013 on the file of the Motor Accident Claims Tribunal cum Sub Judge, Kulithalai.

ORDER : This Appeal coming on for hearing on this day and upon perusing the grounds of Appeal, the order of the Lower Court, and the material papers relating to this appeal and upon hearing the arguments of Mr.K.BHASKARAN, Advocate for the Appellant and Mr.N.Sudhagar Nagaraj, Advocate for the first respondent and the second respondent having remained exparte before the lower court, in pursuance of submission made by the counsel for the appellant herein Insurance Company that the entire award amount with accrued interest had already been deposited this court while disposing of the Civil miscellaneous Appeal, doth order and Decree as follows : i)that the award passed by the Motor Accident Claims Tribunal cum Sub Judge, Kulithalai in M.C.O.P.No. 311 of 2011 dated 16.09.2013 be and hereby is confirmed ;

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ii)that the first respondent herein/claimant be and hereby is permitted to withdraw the entire award amount with accrued interest through RTGS by filing necessary application before the Tribunal and iii)that there be and hereby no costs in this Civil Miscellaneous Appeal.

Sd/- Deputy Registrar / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

To The Sub Judge cum Motor Accident Claims Tribunal, Kulithalai. Copy to :

The Section Officer, VR section Madurai Bench of Madras High Court, Madurai.

+1. C.C. to M/S.K.BHASKARAN Advocate SR.No. 72988 Date : 25/11/2016 DECREE CMA(MD) No.1203 of 2014 AND MP(MD)No. 2 of 2014 Nature of DECREE :

Disposing of the Civil Miscellaneous Appeal filed against the award made in M.C.O.P.No. 311 of 2011 dated 16.09.2013 on the file of the Motor Accident Claims Tribunal cum Sub Judge, Kulithalai for the reasons stated within etc., https://hcservices.ecourts.gov.in/hcservices/