The Madurai Bench of the Madras High Court allowed this Civil Miscellaneous Appeal in part, modifying the Motor Accident Claims Tribunal award. The court directed one of the insurance company branches to deposit Rs.2,40,000 with interest towards the claimants.
Directed to deposit Rs. 2,40,000 with 7.5% interest within eight weeks from petition date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Thursday, the Sixteenth day of November Two Thousand and Seventeen
PRESENT
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.M.A.(MD)No.1456 of 2016
Branch Manager,
United India Insurance Company Limited, Nagercoil.
... Appellant/Respondent No.2 Vs.
1.K.Thangaraj ...Respondent No.1/Petitioner. 2.T.Sasikumar ...Respondent No.2/Respondent No.1 3.Rajagopalan Nair ...Respondent No.3/Respondent No.3 4.Branch Manager, United India Insurance Company Limited, Main Road, Marthandam, Kanyakumari District ... Respondent No.4/Respondent No.4
Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree as against the appellant passed in M.C.O.P.No.970 of 2002, dated 31.01.2005, on the file of the Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court No.I, Tirunelveli.
DECREE: This Civil Miscellaneous Appeal coming on for hearing on this day upon perusing the grounds of Appeal, the order of the Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court No.1, Tirunelveli and material papers, this Appeal coming on for hearing arguments of Mr.S.Muthalraj, Advocate for the Appellant herein and Respondent No.4 having not appeared either in person or by an Advocate, Respondent No.1-Expired, this Court while allowing the appeal in part and in modification of the award of the Tribunal below, doth order and decree as follows:
(i)That the Second Respondent/1st Respondent be and hereby is directed to deposit the entire compensation amount of Rs.2,40,000/(Rupees Two Lakhs and Fourty Thousand Only) with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of copy of this order, less the amount already deposited, if any;
https://hcservices.ecourts.gov.in/hcservices/ (ii)That on such deposit, the Claimant/1st Respondent be and hereby is entitled to withdraw the same, less the amount already
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withdraw by them, if any, by filing proper application before the Tribunal;
(iii)That the Appellant/Insurance Company be and hereby is permitted to withdraw the same;
(iv)and, that there be no costs in this Civil Miscellaneous Appeal. Sd/Assistant Registrar(Cs-III) /True Copy/
Sub Assistant Registrar
To
2 The Branch Manager, United India Insurance Company Limited, Main Road, Marthandam, Kanyakumari District.
Copy to:
The Record Keeper, Vernacular Section,
Madurai Bench of Madras High Court, Madurai.(2 Copies).
+1CC to Mr.S.Muthalraj, Advocate, SR.No. 87642
ORDER DATE : 16.11.2017
DECREE
C.M.A.(MD)No.1456 of 2016
Nature of the DECREE:
The Civil Miscellaneous Appeal is allowed and modified preferred against the award dated 31.01.2005, made in MCOP No. 970 of 2002, on the file of the Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court No.1, Tirunelveli etc., as stated within.
AM/SV MMS/SAR 1/02.02.2018/2P/6C
2 issues framed by the court
Whether the Civil Miscellaneous Appeal filed against the tribunal award should be allowed or dismissed.
How much compensation amount needs to be deposited by the first respondent.
United India Insurance Company Limited, Nagercoil
United India Insurance Company Limited, Main Road, Marthandam
K.Thangaraj
T.Sasikumar
Rajagopalan Nair
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
