Madras High CourtCMA(MD)/1845/2013dismissed

The Oriental Insurance Company v. Mariammal

2016-07-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the First day of July Two Thousand and Sixteen PRESENT THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.M.A(MD) No.1845 of 2013 The Oriental Insurance Company Limited, Rep. By its Branch Manager, Old No.119, New No.145, Sekkalai Road, Sathiyamoorthy Illam, Karaikudi Nagar, Sivagangai District. :Appellant/2nd respondent Vs.

1.Marriammal 2.Minor Ambika 3.Minor Arthy 4.Minor Mayakkannan (Minors 2nd to 4th respondents rep.by their guardian and mother Marriammal 1st Respondent) 5.Pitchaiammal :R1 to R5/Petitioners 1 to 5 6.Karmegam [6th respondent remained exparte before the lower court] :6th respondent/1st respondent 7.The Cholamandala General Insurance Company, Rep. By its Branch Manager, Dara House, 2nd Floor, N.S.C.Road, Chennai Big City. :7th respondent/3rd respondent Civil Miscellaneous Appeal against the order of the Motor Accidents Claims Tribunal-cum-Sub Court, Paramakudi dated 19.11.2012 and made in MCOP No.25 of 2009.

DECREE: This Civil Miscellanous Appeal coming on for hearing on this day and upon perusing the grounds of appeal, the order of the lower court, and the material papers relating to this case and upon hearing the arguments of Mr.K.Bhaskaran, Advocate for the appellant and of Mr.Deepak, Advocate for the 6th respondent and the respondents 1 to 5 and 7 not appearing in person or by an Advocate and this court while dismissing this appeal doth order and decree as follows:- i)that the award of the Motor Accidents Claims Tribunal-cumSub Court, Paramakudi made in MCOP No.25 of 2009 dated 19.11.2012 be and hereby is confirmed and the appeal is dismissed. ii)that the appellant/Insurance company herein be and hereby is directed to deposit the entire amount together with interest within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited;

https://hcservices.ecourts.gov.in/hcservices/

iii)that on such deposit, the claimants 1 and 5 herein be and hereby are permitted to withdraw the entire amount without filing any formal petition before the Tribunal.

iv)that the shares of the minor claimants herein be and hereby are directed to be deposited in the Bank as per the order of the tribunal.

v)that the appellant/Insurance company herein is at liberty to recover the award amount from the owner of the vehicle as per the direction of the Tribunal, by following the mode in Nanjappan's case [(2004)13 SCC 224];

vi)that there be no costs in this appeal.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS) To The Motor Accidents Claims Tribunal cum Subordinate Judge, Paramakudi.

Copy to : The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.K.Bhaskaran, Advocate in SR.34470 ORDER DATED : 01.07.2016 DECREE CMA(MD)No.1845 of 2013 Nature of Decree: Dismissing this appeal preferred against the award of the Motor Accidents Claims Tribunal cum Sub Court, Paramakudi made in MCOP.No.25/2009 dated 19.11.2012 etc., as stated within.

PBK/GSV-PM 15.12.2016 ::2P-4C:

https://hcservices.ecourts.gov.in/hcservices/