Madras High CourtCMA(MD)/243/2014dismissed

S.K.Subramani v. G.Narayanamoorthy

2021-10-07Honourable Mrs Justice R. Tharani2 pages

CMA(MD). No.243 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.243 of 2014 S.K.SUBRAMANI ... Appellant/Claimant Vs 1.G.NARAYANAMOORTHY 2.THE MANAGER, THE OERIENTAL INSURANCE COMPANY LIMITED, 59, RAJA STREET, GOBICHETTIPALAYAM. Respondents/Respondents Prayer:- This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, praying to set aside the award dated 13.03.2013 passed in M.C.O.P.No.134 of 2012 on the file of the Motor Accidents Claims Tribunal / Additional Subordinate Judge, Karur.

DECREE : This Civil Miscellaneous Appeal coming for hearing on this Wednesday Eighteenth day of August Two Thousand and Twenty One, upon perusing the grounds of Appeal and the material papers in the Appeal and upon hearing the arguments of Mr.N.Sudhagar Nagaraj, Advocate for Appellant and Mr.Ananth C.Rajesh Advocate for respondent the 1st respondent and Mr.C.

(i) that the award of the Motor Accident Claims Tribunal / Additional Subordinate Judge, Karur dated 13.03.2013 made in M.C.O.P.No.134 of 2012 be and hereby is confirmed. (ii) that the 2nd respondent herein / Insurance Company be and hereby is directed to deposit Rs.8,52,500/-( Rupees Eight Lakhs Fifty Two Thousand and Five hundred only) along with interest at the rate of 7.5% p.a from the date of petition till the date of deposit and with cost within a period of eight weeks from the date of receipt of a copy of this Judgement, if not already deposited. (iii) that on such deposit is being made, the appellant herein / claimant be and hereby is permitted to withdraw the entire award amount, after deducting any amount received by the Appellant herein / claimant earlier.

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CMA(MD). No.243 of 2014 (iv) that the Appellant herein / Claimant be and hereby is not entitled for interest for the default period, if there is any default.

(v) that there be no costs in the Civil Miscellaneious Appeal Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.THE ADDITIONAL SUBORDINATE JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KARUR.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai (2 Copies) +1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate (SR-31637 dated 07/10/2021) ORDER DATED : 07/10/2021 ========================== DECREE ========================== CMA(MD). No.243 of 2014 Dismissing this Appeal preferred against judgment and decree passed by ADDITIONAL SUBORDINATE JUDGE Karur, made in MCOP.No.134/2012 on 13.03.2013 etc. as stated within.

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