Madras High CourtCMA(MD)/415/2018dismissed

The Manager v. Palpandi

2019-11-13Honourable Mr Justice Krishnan Ramasamy2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of November Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.415 of 2018 THE MANAGER, RELIANCE GENERAL INSURANCE CO LTD MADURAI..

... Appellant Vs 1 PALPANDI, 2 G.VENKATACHALAPATHY ... Respondents 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 (1st Additional District Judge) Madurai, dated 21.3.2017 made in M.C.O.P. No. 1069/2010. 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 S. SRINIVASARAGHAVAN, Advocate for the Appeallant and of Mr. A.B. NATARAJAN, Advocate for the respondent No 1, this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal (1st Additional District Judge) Madurai, dated 21.3.2017 made in M.C.O.P. No. 1069/2010 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 amount awarded by the Tribunal, together with accrued interest to the credit of claim petition, within a period of 8 weeks from the date of receipt of a copy of this judgment, if not deposited already.

(3) That on such deposit, the Tribunal be and here by is directed to transfer the 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.

(4) That in case if the amount is already deposited, the Tribunal be and hereby is directed to transfer the entire amount to the claimants account by way of RTGS/NEFT within a period of three weeks from the date of receipt of a copy of this Judgment. https://hcservices.ecourts.gov.in/hcservices/

(5) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) TO The Judge, Ist Additional District Court/MOTOR ACCIDENT CLAIMS TRIBUNAL. MADURAI, Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +2 CC to Mr.S.SRINIVASA RAGHAVAN, Advocate ( SR-98223,98225[F] dated 14/11/2019 ) +2 CC to Mr.A.B.NATARAJAN, Advocate ( SR-98190[F] dated 14/11/2019 ) ORDER DATED : 13/11/2019 ========================== DECREE ========================== CMA(MD). No.415 of 2018 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the MACT/Ist ADDl Dist.

Judge,Madurai, Dated 21.03.17,made in MCOP No.1069/2010.

VB(27.01.2020) 2P 8C https://hcservices.ecourts.gov.in/hcservices/