Madras High CourtCMA(MD)/334/2018dismissed with cost

The Branch Manager v. Vinotha,

2022-03-03Honourable Mr Justice Rmt. Teekaa Raman2 pages

CMA(MD). No.334 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Third day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMA(MD). No.334 of 2018 THE BRANCH MANAGER, THE NATIONAL INSURANCE COMPANY LIMITED, NO. 1754/56, MANOJIAPPA STREET, THANJAVUR.

... Appellant/2nd Respondent Vs 1 VINOTHA 2 MINOR YUKVARAJ MINOR 2ND RESPONDENT REP. THROUGH HIS MOTHER AND NATURAL GUARDIAN VINOTHA,THE 1ST, RESPONDENT HEREIN).

3 BALASUBRAMANIAN 4 RANI ... Respondents 1 to 4/Petitioners 5 P.VIGNESH ... Respondent No.5/Respondent No.1 Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree dated 20.04.2017, made in M.C.O.P. No. 917 of 2016 on the file of the Motor Accident Claims Tribunal, Special District Court, Thanjavur. 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 MR. A. BALAJI FOR MR. D. SIVARAMAN, Advocate for the Appellant and of MR. N. ILANGO, Advocate for the respondents 1 to 4, MR. P. SESUBALAN RAJA, Advocate for the respondent No.5, the respondents having filed the cost memo dated 05/04/2022 in USR No. 10084 this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal, Special District Court, Thanjavur, dated 20.04.2017, made in M.C.O.P. No. 917 of 2016 be and is hereby confirmed and the Civil Miscellaneous Appeal is dismissed; and

(2) That the Appellant herein/ National Insurance company do pay a sum of Rs. 28,844/- (Rs. Twenty Eight Thousand Eight Hundred and Forty Four only) to the Respondents 1 to 4 herein/ Claimants towards the cost of this Civil Miscellaneous Appeal.

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CMA(MD). No.334 of 2018 Respondent side Costs details Sl.No.

Particulars Details of costs Vakalat Court fee Rs.10/- Advocate Fee (As per rule 12(1) read with Rule 3(2) (b) of the legal pratitioners' fees Rules, 1973 of Civil Rules of Practice read with Order 3 Rule 20 of the Madras High Court Appellate Side Rules 1965 Rs. 28,799/- Judgment and decree copy Application fee Rs.35/- Total Rs. 28,844/- Sd/- Assistant Registrar(CS II) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) To The Special District Judge, MOTOR ACCIDENT CLAIMS TRIBUNAl, Thanjavur.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.N.TAMILMANI, Advocate ( SR-9877 dated 03/03/2022 ) +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-10086 dated 04/03/2022 ) ORDER DATED : 03/03/2022 ========================= DECREE ========================== CMA(MD). No.334 of 2018 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 20.04.2017, made in M.C.O.P. No. 917 of 2016 on the file of the Motor Accident Claims Tribunal, Special District Court, Thanjavur.

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