Dismissed

The General Manager, v. Selvamani

Madras HC8 Jan 2020CMA(MD)/734/2008

Case brief

AI extract

What is this about?

The Madras High Court dismissed a civil miscellaneous appeal against the Motor Accidents Claims Tribunal. The appeal was sealed off as the petitioners/respondents in the underlying matter failed to appear. The appeal was thereby dismissed.

What did the court decide?

Appeal dismissed; Tribunal's award confirmed; Insurance Company directed to deposit due amount within one month; minor shares to be kept in fixed deposit.

The General Manager, Vs Selvamani — Execution and Attachment | Madras HC (2020)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Eighth day of January Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.734 of 2008

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THE GENERAL MANAGER,

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THE NEW INDIA ASSURANCE COMPANY LIMITED , SUMAN CENTRE, PROMINENT ROAD, CANTONMENT , TRICHY-1. .. Appellant/2^nd Rtespondent

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Vs 1 SELVAMANI, W/o.Prakasam,

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2 MINOR.ANITHA,D/o.Prakasam,

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3 MINOR. AKILA,D/o.Prakasam, (MINOR RES-2 & 3 REP BY THEIR MOTHER 1ST RESPONDENT) All At No.8, New Colony, Edamalaipattipudur, Trichy-12. .. Respondents 1 to 3/Petitioners 1 to 3

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4 MANIVEL, No.73, Cross Street, Ponnagar, Trichy-1. (EX- PARTE BEFORE TRIBUNAL & NOT A NECESSARY, PARTY) ...4^th Respondent/1^st Respondent

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Prayer CMA(MD). No.734 of 2008:-

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Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree of the Additional District Judge/Motor Accidents Cliams Tribunal,FTC No II, Tiruchirapalli, dated 23/02/2006 made in M.C.O.P.No.2392 of 2001.

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DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, 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. K. ELANGOVAN, Advocate for the Appellant and the respondents 1 to 3 having not appeared either in person or through counsel and 4^th respondent having been set Exparte before the Tribunal, this Court doth order and decree as follows:-

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(1) That the award and decree of the Additional District Judge/Motor Accidents Cliams Tribunal,FTC No II, Tiruchirapalli, dated 23/02/2006 made in M.C.O.P.No.2392 of 2001, be and hereby are confirmed and the Civil Miscellaneous Appeal is dismissed.

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(2) That the Appeallant/Insurance Company be and hereby is directed to deposit the amount due within a period of one month from the date of receipt of a copy of this order, if no such deposit https://hcservices.ecourts.gov.in/hcservices/ is made earlier.

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(3) That on such deposit being made, the 1^st Respondent/1^st petitioner be and hereby is entitled to withdraw her share with proportionate interest less amount, if any, already withdrawn by her.

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(4) That the 2^nd and 3^rd minor petitioners/Respondents 2 and 3, after they attained majority, be and hereby are permitted to withdraw their proportionate share with accured interest and until then, their share in the award amount has to be kept in fixed deposit in a nationalised bank.

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(5) That there be no costs in this Civil Miscellaneous Appeal. Sd/-

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Assistant Registrar (CS-III)

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// True Copy //

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The Additional District Judge/Motor Accidents Cliams Tribunal,FTC No II, Tiruchirapalli,

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Copy to:

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The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies

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ORDER DATED : 08/01/2020 ========================= DECREE ========================= CMA(MD). No.734 of 2008

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Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Additional District Judge/Motor Accidents Cliams Tribunal,FTC No II, Tiruchirapalli, dated 23/02/2006 made in M.C.O.P.No.2392 of 2001,etc. as stated within.

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VB(19.03.2020) 2P 4C

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

The General Manager, v. Selvamani

Case brief

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What did the court decide?

The General Manager, v. Selvamani

Case brief

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What did the court decide?

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