M/S.United India Insurance Company Limited v. R.Nirmala

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-01-2025

CORAM

THE HONOURABLE MRS JUSTICE R. KALAIMATHI IN CMA(MD) SR NO. 57058 of 2024 M/s.United India Insurance Company Limited Through its Branch Manager, Salem.

...Petitioner

Vs R.Nirmala W/o. Rengarajan, Residing at No.4/64, Lakshmi Mill West Quarters, Kovilpatti, Kovilpatti Taluk, Thoothukudi District. and 3 others

...Respondents

For Petitioner(s):

Mr.G. Ganeshkumar, Advocate for Mr.C.Jawahar Ravindran, Advocate For Respondent(s):

Mr.V.Karthick Raja, Advocate for Mr.H.Arumugam, Advocate for R1 No Appearance for R2

ORDER

This petition is filed to condone the delay of 443 days in preferring the above appeal.

2. Heard the learned counsel for the petitioner/appellant and the first respondent. The learned counsel for the first respondent would object by stating that 1/3

the Tribunal has passed an award in M.C.O.P.No.4 of 2015, dated 17.02.2023 for a sum of Rs.73,11,181/- and because of the loss of the breadwinner of the family, the claimants are suffering a lot.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on a condition that the petitioner/appellant to deposit Rs.60,00,000/- (Rupees Sixty Lakhs only) of the award amount with proportionate interest to the credit of M.C.O.P.No.4 of 2015 on the file of the Motor Accidents Claims Tribunal-cum-Sub Court, Kovilpatti, within a period of two weeks from the date of receipt of a copy of this order and to file the deposit memo on or before two weeks. Failing which, this petition shall stand automatically dismissed without any further reference to this Court.

4. The respondents 1 and 4 are permitted to withdraw their proportionate share with proportionate interest by filing necessary application before the Tribunal. sd/- 24/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL-CUM-SUB JUDGE, KOVILPATTI,

ORDER

IN IN CMA(MD) SR NO. 57058 of 2024 Date :24/01/2025 RK(28/01/2025) 3P / 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3