The Madras High Court dismissed the civil miscellaneous appeal filed by the New India Assurance Company Ltd. against the award of the Motor Accident Claims Tribunal, confirming the original amount awarded to the claimants.
Appellant directed to deposit the entire award amount less already deposited sum with interest at 7.5% p.a. within eight weeks.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Monday, the Twenty Fourth day of September Two Thousand and Eighteen PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
CMA(MD) No.171 of 2018
M/S.THE NEW INDIA ASSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, MADURAI.
..APPELLANT/2ND RESPONDENT
1.AMMAIAPPAN
2.M.THARANYA ...RESPONDENT 1 and 2 /PETITIONERS 3.R.VIJAYALAKSHMI ..3rd RESPONDENT/1st RESPONDENT 4.M.NATARAJAMOORTHY ..4th RESPONDENT/3rd RESPONDENT 5.M.RAJPRABHU ...5th RESPONDENT/4th RESPONDENT (R3 TO R5 ARE NOT NECESSARY PARTIES FOR ADJUDICATION NOTICE IS DISPENSED WITH IN RESPECT OF THEM)
PRAYER IN CMA(MD) No.171 of 2018:
This Civil Miscellaneous Appeal filed under section 173 of Motor Vehicle Act, 1988 against the award dated 04.05.2017, made in M.C.O.P.No.448 of 2013 on the file of the Motor Accident Claims Tribunal(Special District Judge) Madurai.
DECREE:
This Appeal coming on for hearing on Tuesday the Thirty First day of July 2018, upon perusing the Grounds of Appeal, the award of the Tribunal and the material papers to the Appeal, and upon hearing the arguments of Mr.J.S.Murali Advocate for the Appeallant and Mr.K.Mahendran for the Respondents 1 & 2 and having stood over for consideration till this day, this Court doth order and decree as follows:
1.That the award dated 04.05.2017 made in M.C.O.P.Nos.448 of 2013 on the file of the Motor Accidents Claims Tribunal/ Special District Judge, Madurai be and hereby is confirmed and the Civil Miscellaneous Appeal stands dismissed;
https://hcservices.ecourts.gov.in/hcservices/ 2.That the appellant/Insurance Company do deposit the entire award amount, less the amount already deposited, with interest at
7.5% p.a. From the date of petition till the date of deposit within a period of eight weeks from the date of a copy of the judgment.
3.That on such deposit being made, the claimants are permitted to withdraw the entire amount as apportioned by the Tribunal, by filing a petition before the Tribunal;
4.That there be no costs in this Civil Miscellaneous Appeal.
Sd/-
Assistant Registrar (CS-I)
/True Copy/
Sub Assistant Registrar(CS-I)
To
The Special District Judge / Motor Accident Claims Tribunal, Madurai.
Copy To:
The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. (2 copies )
ORDER DATED :24/09/2018
DECREE
CMA(MD) No.171 of 2018
Dismissing the CMA Preferred against Judgment and decree passed by Motor Accident Claims Tribunal/Special District Judge, Madurai made in M.C.O.P.Nos.448 of 2013 dated 04.05.2017.
https://hcservices.ecourts.gov.in/hcservices/ • GCG • DS SKN SAR1 28 11 2018 5P 6C
1 issue framed by the court
Whether the award of the Motor Accident Claims Tribunal should be interfered with in the civil miscellaneous appeal filed by the insurance company.
1 provisions across 1 enactments
M/S.The New India Assurance Co. Ltd.
1.Ammaiappan
2.M.Tharnya
3.R.Vijyalakshmi
4.M.Natarajamoorthy
5.M.Rajprabh
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
