Madras High CourtCMA(MD)/360/2013dismissed

The Branch Manager, v. Valarmathi

2018-09-18Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMA(MD). No.360 of 2013 THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD.

THANJAVUR.

... Appellant(s) Vs 1 VALARMATHI W/O.KRISHNAMOORTHY, MARIAMMANKOIL, KEELARAMANALLUR, THIRUMANOOR, ARIYALOOR TALUK.

2 A.KASINATHAN S/O.APPADURAI, 1/31, AGRAHARAM, MELAGAPISTHALAM, PAPANASAM TALUK.

... Respondent(s) Prayer:- Civil Miscellaneous Appeal preferred against the judgment and decree of the ADDITIONAL SUB JUDGE,THANJAVUR MACT, dated 21/07/2008 made in MCOP.14/2005 DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of MR.N.MURUGESAN, Advocate for the Appeallant and of MR.AN.RAMANATHAN, Advocate for the respondent, in this Court, doth order and decree as follows:-

(1) That the award passed by the ADDITIONAL SUB JUDGE,THANJAVUR MACT, dated 21/07/2008 made in MCOP.14/2005 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) That the Appeallant/Insurance Company be and hereby is directed to deposit the amount awarded by the Tribunal, together with interest to the cridit of MCOP.14/2005 on the file of the ADDITIONAL SUB JUDGE,THANJAVUR MACT after deducting the amount already deposited if https://hcservices.ecourts.gov.in/hcservices/

any, within a period of 6 weeks from the date of receipt of copy of this judgment.

(3) That on such deposit being made, the claiments be and are hereby permitted to withdraw that award amount together with accrued interest on filling necessary application before the Tribunal.

(4) That there be no order as to costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar TO The ADDITIONAL SUB JUDGE, MACT,THANJAVUR, Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.N.MURUGESAAN, Advocate ( SR-85151 dated 19/09/2018 ) +1 CC to M/s.AN.RAMANATHAN, Advocate ( SR-85115 dated 19/09/2018 ) ORDER DATED : 18/09/2018 ========================== DECREE ========================== CMA(MD). No.360 of 2013 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the ADDITIONAL SUB JUDGE, THANJAVUR MACT, dated 21/07/2008 made in MCOP.

14/2005.

ES/26.02.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/