Madras High CourtCMA(MD)/482/2018dismissed

Chellammal v. Ravindran

2019-11-15Honourable Mr Justice Krishnan Ramasamy2 pages

CMA(MD). No.482 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of November Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.482 of 2018 CHELLAMMAL W/o. Selvamani, North Street, Anayarkulam, Pothigai Nagar, Perumalpuram, Tirunelveli.

... Appellant/Petitioner Vs 1 RAVINDRAN, S/o.Perumal Thevar, 1/1-1, Kottai Karungulam, Radhapuram Taluk.

2 UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, UNIT 401, 4TH FLOOR, SENGAM COMPLEX,, 127, ANDHERI KURLA ROAD, ANDHERI(EAST), MUMBAI.

... Respondents / Respondents Prayer:

This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, against the award dated 29/02/2016 made in M.C.O.P. No. 675 of 2014 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Tirunelveli.

DECREE:- This Civil Miscellaneous Appeal coming up for hearing on this day; upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to this case and upon hearing the arguments of MR. T. Selvakumaran, Advocate for the Appellant and of Mr. S. Srinivasaraghavan, Advocate for 2nd respondent, this Court doth order and decree as follows:-

1. That the award and decree dated 29/02/2016 made in M.C.O.P. No. 675 of 2014 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Tirunelveli be and hereby are cofirmed and this Civil Miscellaneous Appeal do stand dismissed;

2. That the second respondent herein / Insurance Company do deposit the entire award amount along with interest at the rate of 7.5% per annum from the date of accident till the date https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.482 of 2018 of deposit, within a period of eight weeks from the date of receipt of a copy of this judgment;

3. That on such deposit being made, the Tribunal do transfer the said amount directly to the appellant / claimant's Bank Account through RTGS/NEFT, after getting her Account details, within a period of three weeks thereafter;

4. That in case, if the award amount is already deposited, the Tribunal do transfer the said amount directly to the appellant / claimant's Bank Account through RTGS/NEFT, after getting her Account details, within a period of three weeks from the date of receipt of a copy of this judgment; and

5. That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) TO The Special Subordinate Judge, Motor Accident Claims Tribunal, Tirunelveli.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies + 1CC to Mr.T. Selvakumaran, Advocate in Sr. No.99332. + 2CC to Mr.S. Srinivasa Raghavan, Advocate in Sr.Nos. 98762,99146. ORDER DATED 15.11.2019 DECREE C.M.A (MD) No.482 of 2018 Dismissing the Civil Miscellaneous Appeal preferred against the award dated 29/02/2016 made in M.C.O.P. No.

675 of 2014 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Tirunelveli etc., as stated within.

SDS (17.02.2020) 2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2