Madras High CourtCMA(MD)/931/2018closed

M/S.United India Insurance Co. v. Shanthi,

2019-10-16Honourable Mr Justice Krishnan Ramasamy2 pages

CMA(MD). No.931 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Sixteenth day of October Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.931 of 2018 M/S.UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH-I, 114/120, SUPER BAZAR, TRICHY & DISTRICT.

... Appellant/2nd Respondent Vs 1 SHANTHI ... 1st Respondent/Claimant 2 B.KHIMRAJ ... 2nd Respondent/1st Respondent (NOTICE TO 2ND RESPONDENT IS GIVEN UP).

Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against fair and decreetal order dated 22.03.2017 made in M.C.O.P.No. 124 of 2014 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Tiruchirappalli. 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.B.RAJESH SARAVANAN, Advocate for the Appellant and of MR.N.SUDHAGAR NAGARAJ, Advocate for the 1st respondent, this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal (Special Sub Court), Tiruchirappalli, dated 22.03.2017 made in M.C.O.P.No. 124 of 2014 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 cost, to the credit of the claim petition, within a period of four(4) weeks from the date of receipt of copy of the Order, if not deposited already.

(3) That on such deposit being made, the Tribunal be and hereby directed to transfer the said amount directly to the Personal Savings Account Number of the claimants by the way of RTGS/NEFT https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.931 of 2018 system, after getting their Account Details, within a period of three weeks thereafter

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) TO THE SPECIAL SUB JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAl.

TIRUCHIRAPPALLI.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.B.RAJESH SARAVANAN, Advocate (SR-92570 dated 17/10/2019) +1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate (SR-92634 dated 17/10/2019) ORDER DATED : 16/10/2019 ========================== DECREE ========================== CMA(MD). No.931 of 2018 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against fair and decreetal order dated 22.03.2017 made in M.C.O.P.No. 124 of 2014 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Tiruchirappalli JMN(27.12.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2