Madras High CourtCMA(MD)/774/2013dismissed

The Divisional Manager v. Minor J.Maruthupandi

2018-07-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD) No.774 of 2013 The Divisional Manager, National Insurance Company Ltd., No.3, North Veli Street, Madurai.

.. Appellant/2nd respondent Vs 1.Minor. J.Maruthupandi .. Respondent No.1/Petitioner (Minor 1st respondent rep. by his father and natural guardian, R.Jeganathan)

2. S.Ganesan .. Respondent No.2 / 1st respondent PRAYER:

Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act 1988 against the judgment and decree dated 03.02.2012 made in M.C.O.P.No.3764 of 2002, on the file of the Motor Accident Claims Tribunal, Additional District Judge, FTC No.2, Madurai.

DECREE:

This Civil Miscellaneous Appeal coming on for hearing on this day. Upon perusing the grounds of Appeal, the Judgment and Decree of the Lower Court and the material papers in this appeal and upon hearing the arguments of Mr.N.Murugesan, Advocate for the Appellant and of Mr.C.Vakeeswaran, Advocate for the Respondent No.1 and the 2nd respondent dismissed as per court order dated 15.12.2017, this court doth order and decree as follows:-

1. that the award dated 03.02.2012 made in M.C.O.P.No.3764 of 2002 on the file of the Motor Accident Claims Tribunal, Additional District Judge, FTC No.2, Madurai, be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

https://hcservices.ecourts.gov.in/hcservices/ 2.That the Appellant/Insurance Company be and hereby is directed to deposit the entire award amount with 7.5% interest per annum from

the date of petition till the date of deposit, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this judgment;

3.That on such deposit the Tribunal be and hereby is directed to deposit the share of the minor child in a nationalized bank until he attains majority and R.Jeganathan, who is the father and natural guardian of the minor 1st Respondent is permitted to withdraw the interest amount once in three months;

4.That there be and hereby no order as to costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Additional District Judge,FTC No.2, Motor Accident Claims Tribunal Madurai.

Copy to The Section Officer, v.R Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.N.Murugesan, Advocate in SR No.74171 +1cc to Mr.C.Vakeeswaran, Advocate in SR No.74278 CMA(MD) No.774 of 2013 DECREE Dated 20.07.2018 Nature of the Decree:

Dismissing this Civil Miscellaneous Appeal by confirming the award passed by MACT / Addl.Dist.Judge, Madurai, in M.C.O.P.No.3764/2002 dated 03.02.2012.

https://hcservices.ecourts.gov.in/hcservices/ NM/SKN/SAR 3/22.10.18/2P/6C.