Madras High CourtCMA(MD)/1860/2013dismissed

United India Insurance Co. v. Veeralakshmi,

2018-04-13Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Thirteenth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD) No.1860 of 2013 United India Insurance Co. Ltd., Through its Divisional Manager, Railway Feeder Road, Virudhunagar.

... Appellant/2nd Respondent Vs.

1.Veeralakshmi 2.Minor Kaviarasu 3.Sankarevadaiammal 4.Ayyavoo 5.Ramamoorthy ... Respondents/Petitioners [Minor R.2 is represented through his mother and guardian - the first respondent herein] [R.5 remained ex-parte before the tribunal] Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award of the Subordinate Jduge, Motor Accident Claims Tribunal, Virudhunagar, dated 05.04.2006 and made in M.C.O.P.No.19 of 2005.

DECREE: This Civil Miscellaneous Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the order of the Lower Court, and upon hearing the arguments of Mr.G.Prabhu Rajadurai, Advocate for the Appellant, and of Mr.Raj and Pathy, Advocate for the respondent 3 and 4, and the respondent 1 and 4 not appearing in person or by an Advocate this court while dismissing the Civil Miscellaneous Appeal doth order and decree as follows: i) that the award passed by the Subordinate Jduge, Motor Accident Claims Tribunal, Virudhunagar, in M.C.O.P.No.19 of 2005 dated 05.04.2006 be and is hereby confirmed and this Civil Miscellaneous Appeal dismissed;

ii) that the appellant be and is hereby directed to deposit the entire compensation with interest @ 7.5%, within a period of four weeks from the date of receipt of a copy of this order, if not deposited already;

iii) that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To The Subordinate Judge, Motor Accident Claims Tribunal, Virudhunagar.

Copy to The Record Keeper,(2 COPIES) VR Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.G.Prabhu Rajadurai, Advocate Sr.No.61360 VB/SV/SAR4/28/05/2018/2P/5C DATED :13/04/2018 DECREE CMA(MD) No.1860 of 2013 Nature of the Decree:

Dismissing the appeal preferred against the award of the Subordinate Jduge, Motor Accident Claims Tribunal, Virudhunagar, in M.C.O.P.No.19 of 2005 dated 05.04.2006 etc., as stated wtihin.

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