Madras High CourtCMA(MD)/1070/2016dismissed

The Divisional Manager, v. Sankaranarayanan

2019-09-27Honourable Mr Justice Krishnan Ramasamy2 pages

CMA(MD). No.1070 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Seventh day of September Two Thousand and Nineteen PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.1070 of 2016 The Divisional Manager, The National Insurance Company Limited, No.37-C, S.N.High Road, Tirunelveli Junction, Tirunelveli 627 001.

... Appellant/2nd Respondent Vs.

1.Sankaranarayanan : 1st Respondent/Petitioner 2.Muthammal @ Pappu : 2nd Respondent/Petitioner 3.Jeyanthi Kumari : 3rd Respondent/1st Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Special Subordinate Judge, Tirunelveli, dated 11.01.2016 made in M.C.O.P.No.394 of 2015.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of A.ILANGO, Advocate for the Appellant and of T.SELVAKUMARAN, Advocate for the respondents, this Court doth order and decree as follows:-

(1) that the award passed by the Special Subordinate Judge, Tirunelveli, dated 11.01.2016 made in M.C.O.P.No.394 of 2015 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) that the Appellant/Insurance Company be and hereby is directed to deposit the entire award amount with accrued interest and costs, to the Credit of the claim petition, within a period of four weeks from the date of receipt of copy of this judgment, if not already deposited.

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(3) that on such deposit the Tribunal be and hereby is 1/2

CMA(MD). No.1070 of 2016 directed to transfer the said amount directly to the Personal Savings Account Number of the Claimants by way of RTGS/NEFT system, after getting their Account Details, within a period of three weeks thereafter; and

(4) that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To The Motor Accident Claims Tribunal, The Special Subordinate Judge, Tirunelveli.

+1 CC to M/s.A.ILANGO, Advocate SR-90405.

+1 CC to M/s.T.SELVAKUMAR, Advocate SR-90411. ORDER DATED : 27/09/2019 ========================== DECREE ========================== CMA(MD). No.1070 of 2016 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Special Subordinate Judge, Tirunelveli, dated 11.01.2016 made in M.C.O.P.No.394 of 2015 etc as stated within.

CS(13.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2