Madras High CourtCMA(MD)/350/2011dismissed

United India Insurance Co.Ltd. v. Chinnathai,

2016-11-11Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eleventh day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMA(MD) No.350 of 2011 United India Insurance Company Limited, Palayankottai, Rep through its Branch Manager, ... Appellant/ Respondent No.2 Vs.

1.Chinnathai 2.Minor.Maragatham 3.Minor Mahendran 4.Minor M.Manju (R2 to R4 minors represented through mother and next friend R1) 5.Veyilachi Ammal .. Respondent 1 to 5 /Petitioners 1to5 6.Lakshmanan .. Respondent No.6/Respondent No.1 Civil Miscellaneous Appeal against the Judgment and decree of the Motor Accident claims Tribunal Cum Additional District Judge Fast Track Court No.II, Tirunelveli, dated 16.08.2010 and made in M.C.O.P.No.498 of 2008.

DECREE : This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the petition of Appeal, the order of the Lower Court, and the record in the case and upon hearing the arguments of Mr.C.Jawahar Ravindran, Advocate for the Appellant and not appearing either in person or through their counsel for the Respondents 1 to 6 this Court doth order and decree as follows:- i) that the Judgment and Decree of the Motor Accidents Claims Tribunal cum Additional District Judge, Fast Track Court No.II, Tirunelveli dated 16.08.2010 in M.C.O.P.No.498 of 2008 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed : and , ii) that the Appellant herein/ 2nd Respondent do deposit the entire amount with accrued interest and costs, if the award amount is not deposited already.

https://hcservices.ecourts.gov.in/hcservices/ Iii) that on such deposit being made, the respondents 1 to

5 herein/ Claimants be and hereby are permitted to withdraw the award amount with accrued interest by filing necessary permission petition and that the minor's share shall be deposited in one of the nationalised banks in fixed deposit till they attain majority and iv) that the First Respondent herein/ mother/guardian be and hereby is permitted to withdraw interest once in 3 months directly from the bank.

v) that there be no order as to costs in this Civil Miscellaneous appeal.

sd/- Assistant Registrar (CS-II) / TRUE COPY / Sub-Assistant Registrar (C.S.) To, The Motor Accident Claims Tribunal cum Additional District Judge Fast Track Court-II, Tirunelveli. Copy To : The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.C.Jawhar Ravidran, Advocate Sr.No.68257 GJM/GSV/PM/3.1.17-2p-4C DECREE IN CMA(MD) No.350 of 2011 Date :11/11/2016 Dismissing the Civil Miscellaneous Appeal against the Judgment and decree dated 16.08.2010 and made in M.C.OP.No.498 of 2008 on the file of the Motor Accident Claims TribunalCum Additional District Judge, Fast Track Court No.II, Tirunelveli, etc., as stated within.

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