Madras High CourtCMA(MD)/1074/2013dismissed

The Oriental Insurance v. Karuppiah,S/O.Seeni

2016-06-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Twenty Second day of June Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMA(MD) No.1074 of 2013 THE ORIENTAL INSURANCE COMPANY LIMITED, REP.BY ITS BRANCH MANAGER, SOBHA ISM COMPLEX, OPP-TOWN RAILWAY STATION,R.S.ROAD, PALAKAD, KERALA ... APPELLANT/3RD RESPONDENT Vs 1 KARUPPIAH ... 1st RESPONDENT/PETITIONER 2 M.PANDI ... 2ND RESPONDENT/1ST RESPONDENT 3 N.GOVINDARAJ ... 3RD RESPONDENT/2ND RESPONDENT Civil Miscellaneous Appeal against the order of the Motor Accidents Claims Tribunal cum Sub Court, Devakottai dated 01.10.2012 and made in MCOP No.74 of 2008.

ORDER : This Civil Miscellaneous Appeal coming on for hearing on this day upon perusing the Grounds of Appeal, the order of the Lower Court and the material records in this appeal and upon hearing the arguments of Mr.K.Bhaskaran, Advocate for the Appellant and Mr.A.Haja Mohideen, Advocate for the first respondent and respondents two and three are not appeared either in person or by an advocate and this court, while dismissing the appeal, doth order and decree as follows:

(i)that the Judgement decree passed in M.C.O.P.No. 74 of 2008 dated 01.10.2012 by the Motor Accidents Claims Tribunal cum Sub Court, Devakottai, be and hereby in confirmed ; and (ii)that the appellant herein/Insurance company be and hereby is directed to deposit the entire amount together with the interest and costs within a period of eight weeks from the date of receipt of copy of this order, if not deposited already.

(iii)That the 1st respondent herein/ claimant in permitted to withdraw the entire amount without filing any formal application before the Tribunal.

(iv)That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(Writs) /TRUE COPY/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

TO 1.THE MOTOR ACCIDENT CLAIMS TRIBUNAL SUB ORDINATE JUDGE, DEVAKOTTAI.

2.THE SECTION OFFICER, VR.SECTION MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.K.BHASKARAN Advocate SR.No. 32015 +1cc to Mr.A.HAJAMOHIDEEN, ADVOCATE IN SR.NO. 32939 Date :22/06/2016 DECREE CMA(MD) No.1074 of 2013 NATURE OF DECREE: While dismissing the Civil Miscellaneous Appeal in M.A.C.T.No.74/2008 dated 01.10.2012 on the file of the Motor Accidents Claims Tribunal cum Sub Court, Devakottai.

JA-SKS-RR/02.08.2016/2P:5C https://hcservices.ecourts.gov.in/hcservices/