Madras High CourtCMA(MD)/14/2014allowed

The Oriental Insurance Co.Ltd. v. Murugammal,

2021-12-03Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMA(MD). No.14 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Third day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMA(MD)No.14 of 2014 THE ORIENTAL INSURANCE CO.LTD., THROUGH ITS DIVISIONAL MANAGER, OFFICE AT NO.24/E/12/A , S.N.HIGH ROAD, SIVAKASI SHOPPING COMPLEX, TIRUNELVELI.

APPELLANT/2ND RESPONDENT Vs 1.MURUGAMMAL 2.SANKAR 3.RAMKUMAR 4.UDAYAMOORTHY ...1-4 RESPONDENTS/1-4 PETITIONERS 5.MAHENDRAN ...5TH RESPONDENT/1ST RESPONDENT (R5 REMAINED EXPARTE BEFORE THE LOWER COURT) Prayer :- Civil Miscellaneous Petition is filed under Section 173 of M.V.Act 1988, to set aside the award of Rs.2,76,000/- (Rupees Two Lakhs Seventy Six Thousand only) passed in MCOP.No.1415 of 2010, dated 31.07.2013 on the file of the Motor Accidents Claims Tribunal cum II Additional District and Sessions Judge, Tirunelveli. Decree:- This Civil Miscellaneous Appeal coming up for final hearing on this day, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers of the Appeal and upon hearing the arguments of Mr.A.

Illango, Advocate for the Appellant and Respondents 1 to 5 not appeared either in person or by Advocate, doth order and decree as follows:- i)That the Judgement and Decree passed in MCOP.No.

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CMA(MD). No.14 of 2014 iii)That the Appellant/Oriental Insurance Company Limited that they have already deposited the entire award amount with accrued interest;

iv)That the Respondents 1 to 4/Claimants be and hereby are entitled to withdraw the same by filing necessary application before the Tribunal;

v)That there be no costs in the Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The II Additional District and Sessions Judge, Motor Accidents Claims Tribunal, Tirunelveli.

Copy to:

The Record Keeper,(2C) V.R. Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 03/12/2021 ========================== DECREE ========================== CMA(MD)No.14 of 2014 Nature of Decree:- Partly Allowing the Civil Miscellaneous Appeal preferred against the Judgment and decree of II Additional District and Sessions Judge, MACT, Tirunelveli, made in MCOP.No.1415 of 2010, dated 31.07.2013.

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