Madras High CourtCMA(MD)/735/2011dismissed

United India Insurance Co Ltd v. Mangaiyarkarasi

2016-07-26Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Sixth day of July Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMA(MD) No.735 of 2011 United India Insurance Company Limited, 1783/84, South Main Street, Thanjavur. : Appellant/2nd respondent Vs.

1.Mangaiyarkarasi 2.Senthilkumar 3.Ravikumar 4.Ashok Kumar : R1 to R4/Petitioners 5.The Manager, Daily Thanthi, M.K.Mooppanar Road, Thanjavur. : 5th respondent/R1 Civil Miscellaneous Appeal against the Judgment and Decree of the Motor Accident Claims Tribunal Principal District Court Tiruchirappalli, datged 04.02.2010, and made in M.C.O.P.No.299 of 2009.

DECREE : This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the grounds of Appeal, the order of the Lower Court, and the Material Papers in these appeal and upon hearing the arguments of Mr.C.Jawahar Ravindran Advocate for the Appellant and of Mr.C.Vakeeswaran, Advocate for the Respondents 1 to 4 and not appearing in person or through Counsel for the 5th respondent this Court while dismissing the Appeal, doth order and decree as follows :

i) that the Judgment and decree passed by the Motor Accident Claims Tribunal, (Principal District Court), Tiruchirappalli, dated 04.02.2016 made in M.C.O.P.No.299 of 2009 be and is hereby confirmed and the Civil Miscellaneous Appeal is dismissed and ii) that the appellant/Insurance Company be and is hereby directed to deposit the entire amount together with the interest and costs within a period of eight weeks from the date of receipt of a copy of this order, if not deposited already. iii)that on such deposit, the claimants be and hereby are permitted to withdraw the entire amount without filing any formal application before the Tribunal.

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iv) 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 Principal District Judge, The Motor Accident Claims Tribunal Tiruchirappalli.

Copy To : The Section Officer, V.R.Section Officer, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.C.Vakeeswaran, Advocate Sr.nO.39908 GJM.GSV/PM/9.11.16-2p-4C DATED : 26/07/2016 DECREE IN CMA(MD) No.735 of 2011 Dismissing the Civil Miscellaneous Appeal against the Judgment and Decree dated 04.02.2010 and made in M.C.O.P.No.299 of 2009 on the file of the Motor Accident Claims Tribunal (Principal District Court) Tiruchirappalli etc as stated within.

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