Madras High CourtCMA(MD)/590/2011dismissed

Royal Sundaram Alliance v. P.Pappathy

2017-07-18Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Eighteenth day of July Two Thousand and Seventeen PRESENT THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.M.A(MD)No.590 of 2011 Royal Sundaram Alliance General Insurance Company Ltd., Sundaram Towers 45 & 46 Whites Road Chennai 600 014.

... Appellant / 2nd Respondent.

Vs.

1.P.Pappathy 2.P.Palanisamy ... Respondents / Petitioners. 3.M.N.Sasidharan ... Respondent / 1st Respondent. Civil Miscellaneous Appeal against the order of the Motor Accident Claims Tribunal (District Court), Karur, dated 05.01.2011 and made in M.C.O.P.No.230 of 2009.

DECREE: This Civil Miscellaneous Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the order and decree of the Lower Court, and upon hearing the arguments of Mr.S.Srinivsasa Raghavan, Advocate for the Appellants, and of Mr.T.Selvakumaran, Advocate for the 1st and 2nd Respondent, and the 3rd Respondent not appearing in person or by Advocate and this Court doth order and decree as follows:

1. That the order and decree passed by the Motor Accident Claim Tribunal(District Court), Karur made in MCOP No.230 of 2009, dated 05.01.2011, be and hereby are confirmed and the Civil Miscellaneous Appeal is dismissed;

2. That the Appellant/Insurance Company be and hereby is directed to deposit the entire award amount with accrued interest https://hcservices.ecourts.gov.in/hcservices/ and cost, within a period of four week, from the date of the receipt of a copy of this order; if not already deposited;

3. That on such deposit being made, the respondents/Claimants be and hereby are permitted to withdraw their respective share as apportioned by the Tribunal, with proportionate interests and costs.

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

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar.

To 1.The District Judge, The Motor Accident Claims Tribunal District Court, Karur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.T.Selvakumaran, Advocate, SR.No. 66044 +1CC to Mr.S.Srinivasa Raghavan, Advocate, SR.No.66105 DATED : 18.07.2017 DECREE C.M.A(MD)No.590 of 2011 Nature of the Decree: Dismissing the Civil Miscellaneous Appeal preferred against the Judgment and decree of the Motor Accident Claims Tribunal(District Court), Karur, made in MCOP No. 230 of 2009, dated 05.01.2011 as stated within etc., https://hcservices.ecourts.gov.in/hcservices/ AM/MR KKR/SAR 4/26.07.2017/2P/5C