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Madras High CourtCMA(MD)/370/2013dismissed

P.Muthulakshmi, v. E.Nirmala,

2018-10-10Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Wednesday, the Tenth day of October Two Thousand and Eighteen PRESENT THE HON`BLE MS.JUSTICE V.M.VELUMANI CMA(MD). No.370 of 2013 1 P.MUTHULAKSHMI ... Appellants Vs 1 E.NIRMALA, 2 THE ORIENTAL INSURANCE CO.LTD.

PLA BUILDING 1ST FLOOR, 12A, KOVAI ROAD, KARUR.

3 THANGAVEL, 4 NATIONAL INSURANCE CO.LTD., 5A, SUB COLLECTOR OFFICER ROAD, OPP.TO DISTRICT COURT BUILDING, DINDIGUL.

... Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act 1988, against the Judgment and decree made in M.C.O.P. No.461 of 2010 on the file of the District Judge, Motor Accident Claims Tribunal, Karur, dated 31.08.2012.

DECREE:- This Civil Miscellaneous Appeal coming on for hearing on thid day and upon perusing the grounds of Appeal, the order of the Lower Court and the material records in this Case and upon hearing the arguments of MR.T.SELVAKUMARAN, Advocate for the Appeallants and of MR.K.BASKARAN, Advocate for the 2nd respondent, and of MR.J.S.MURALI, Advocate for the 4th Respondent, this Court doth order and decree as follows:-

(1) That the Judgment and decree dated 31.08.2012 and made in M.C.O.P.No.461 of 2010 on the file of the District Judge, Motor Accident Claimas Tribunal, Karur be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

(2)that the third Respondent/herein be and hereby is directed to deposit the amounts awarded by the Tribunal together with interest to the credit of M.C.O.P. No.461 OF 2010 of the file of the District Judge/Motor Accidents Claims Tribunal, Karur after deducting the amount already deposited if any, within a period of https://hcservices.ecourts.gov.in/hcservices/

eight weeks from the date of receipt of a copy of this Judgment; (3)that on such deposit being made the claimants be and hereby are permitted to withdraw the award amount on filing necessary application before the Tribunal; and (4)that there be no order as to costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar TO THE DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KARUR.

Copy to:

THE RECORD KEEPER, V.R. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI - 2 COPIES +1 CC to M/s.T.SELVAKUMARAN, Advocate ( SR-89937 dated 11/10/2018 ) +1 CC to M/s.J.S.MURALI, Advocate ( SR-89981 dated 11/10/2018 ) +1 CC to M/s.K.BHASKARAN, Advocate ( SR-89891 dated 11/10/2018 ) ORDER DATED : 10/10/2018 ========================== DECREE ========================== CMA(MD). No.370 of 2013 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal against the judgment and decree dated 31/08/2012 and made in M.C.O.P. No.461 of 2010 on the file of the District Judge, Motor Accident Claims Tribunal, Karur, etc as stated within.

TR (01.03.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/