Madras High CourtCMA(MD)/20/2014dismissed

United India Insurance Co.Ltd. v. M.Muthuraj,

2021-12-07Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Seventh day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.20 of 2014 UNITED INDIA INSURANCE CO.LTD., THROUGH ITS BRANCH MANAGER DIVISIONAL OFFICE, JEEVAJOTHI BUILDINGS, SALAI ROAD, DINDIGUL-624 001..

... Appellant/2nd Respondent Vs 1 M.MUTHURAJ, ... 1st Respondent/Petitioner 2 K.SIVAKUMAR, 3 I.DHANRAJ, 4 NATIONAL INSURANCE CO.LTD., THRO ITS BRANCH MANAGER, 5-A, SUB. COLLECTOR OFFICE ROAD, OPP. DIST. COURT BUILD,, DINDIGUL-624 001.

(R2 & 3 EXPARTE BEFORE THE TRIBUNAL).

... Respondents 2 to 4/ Respondent 1,2 & 4 Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Motor Accident Claims Tribunal (Special Subordinate Judge) Dindigul dated 18.03.2013 made in M.C.O.P.No.274 of 2012. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Monday the Sixth day of September Two Thousand and Twenty One and upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.C.JAWAHAR RAVINDRAN, Advocate for the Appellant and

of Mr.A.SARAVANAN, Advocate for the first respondent and of Mr. J.S.MURALI, Advocate for the fourth respondent, this Court doth order and decree as follows:-

(1) That the award passed by the the Motor Accident Claims Tribunal (Special Subordinate Judge) Dindigul dated 18.03.2013 made in M.C.O.P.No.274 of 2012 be and are hereby confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) That the Appellant/Insurance Company be and hereby is directed to deposit Rs.1,09,300(Rupees One Lakh Nine Thousand and Three Hundred only) with 7.5 % interest from the date of the claim petition till the date of realization, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of copy of this judgment.

(3) That on such deposit being made, the first respondent herein / claimant be and are hereby permitted to withdraw the award amount with proportionate interest, after deducting any amount received by him.

(4) That excess amount if any deposited shall be refunded to the appellant herein

(5) That the claimant be and hereby is not entitled for interest for the default period, if there is any.

(6) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Special Subordinate Judge Dindigul MOTOR ACCIDENT CLAIMS TRIBUNAl Dindigul Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.A.SARAVANAN, Advocate ( SR-37519 dated 07/12/2021 ) +1 CC to M/s.J.S.MURALI, Advocate ( SR-37717 dated 08/12/2021 )

ORDER DATED : 07/12/2021 ========================== DECREE ========================== CMA(MD). No.20 of 2014 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the judgment and decree of the Motor Accident Claims Tribunal (Special Subordinate Judge) Dindigul dated 18.03.2013 made in M.C.O.P.No.274 of 2012 and etc as stated wihtin.

MGJ(27.01.2022) 3P 6C