Madras High CourtCMA(MD)/732/2014dismissed

United India Insurance Co.Ltd. v. Selvaraj,

2021-11-15Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Fifteenth day of November Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.732 of 2014 United India Insurance Company Limited, 78,Kamarajar Salai,Cauvery Nagar, Kulithalai Post,Karur District.

Appellant/2nd Respondent Vs 1 Selvaraj, ... 1st Respondent/ Petitioner 2 Alaguraj, ... 2nd Respondent/ 1st Respondent Prayer :- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 to set aside the order and decree dated 01.02.2012 passed in M.A.C.O.P No. 148 of 2009 on the file of the Motor Accident Claims Tribunal,Sub Court Kulithalai. DECREE:- This Civil Miscellaneous Appeal having came up for final hearing on Friday the Twenty Second day of October Two Thousand Twenty One 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.N.

Dilipkumar, Advocate for the Appellant and none appeared of Respondents 1 and 2; having stood over the consideration till this date this Court while dismissing this appeal, doth order and decree as follows:- (1)That the appellant /Insurance company is diected to deposit Rs.1,92,770/-(Rupees One Lakh Ninety Two Thousand Seven Hundred and Seventy Only)with 7.

(2)That on such deposit the claimant is permitted to withdraw the award amount with proportionate interest after deducting any amount received by him earlier;

(3)That excess amount if any deposited shall be refunded to the appellant;

(4)That the claimant is hereby not entitled for interest for default period if there is any and;

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(5) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal Sub court,Kulithalai.

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The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED 15.11.2021 DECREE C.M.A.(MD). No. 732 of 2014 Dismissing the Civil Miscellaneous Appeal preferred against the award dated 01.02.2012 passed in M.A.C.O.P No. 148 of 2009 on the file of the Motor Accident Claims Tribunal,Sub Court, Kulithalai etc., as stated within.

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