Madras High CourtCMA(MD)/1108/2018disposed of

Iffco-Tokio General Insurance v. Sivan,

2021-06-15Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CMA(MD). No.1108 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Fifteenth day of June, Two Thousand and Twenty One PRESENT The Honourable Mrs.Justice T.KRISHNAVALLI CMA(MD). No.1108 of 2018 Iffco-Tokio General Insurance Company Limited, Through its Branch Manager, Number 82, 3rd Floor, Court Road, Nagercoil.

... Appellant/2nd Respondent Vs

1. Sivan ... 1st Respondent/Petitioner

2. Kulaikathar ...2ndRespondent/1stRespondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Special Subordinate Judge, Motor Accident Claims Tribunal (Special Subordinate Court), Tirunelveli dated 24.10.2017 made in M.C.O.P. No.1322 of 2014.

DECREE:- This Civil Miscellaneous Appeal came up for final hearing on Wednesday, the Seventeenth day of March, Two Thousand and Twenty One, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of V.Sakthivel, Advocate for the Appellant and of Ms.Leema Mary Savariraj, Legal Aid Counsel appearing on behalf of the first Respondent (the second Respondent herein not appearing either in person or through Advocate), and having stood-over the matter for consideration till this day, this Court while disposing of the Appeal, doth order and decree as follows:-

(1) That the Award passed by the Motor Accident Claims Tribunal (Special Subordinate Court), Tirunelveli dated 24.10.2017 made in M.C.O.P. No.1322 of 2014 be and hereby is confirmed;

(2) That the interest awarded by the Tribunal be and hereby is reduced to 7.5% per annum from 9% per annum;

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CMA(MD). No.1108 of 2018

(3) And that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Special Subordinate Judge, The Motor Accident Claims Tribunal((Special Subordinate Court), Tirunelveli.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai (2 Copies) +1 CC to M/s.V.SAKTHIVEL, Advocate, Copy Application SR-19405 dated 16/06/2021.

ORDER DATED : 15/06/2021 ========================== DECREE ========================== CMA(MD). No.1108 of 2018 Nature of Decree:- Disposing of the the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accident Claims Tribunal (Special Subordinate Court), Tirunelveli dated 24.10.2017 made in MCOP.No.1322 of 2014.

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