The High Court dismissed the insurance company's appeal against the Motor Vehicles Accident Claims Tribunal's award. The Tribunal's compensation decree was confirmed, and the insurer was directed to deposit the remaining balance.
Dismissed the appeal and confirmed the Tribunal's award; directed insurer to deposit balance with interest.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
TUESDAY THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR CMA.No.1033 of 2011
The Divisional Manager M/s.Cholamandalam MS General Insurance Co.Ltd,. 2nd Floor, Wajeeha Corporate Centre, No.I, Village Road, Nungambakkam, Chennai -600034. ... Appellant/2nd Respondent ..vs..
1.Papatthi @ Pappaty W/o. Late. Perumal 2.Palani @ Pajany 3. Ilangovan .. Respondents1 to 3/ Petitioners 1 to 3 4. C.Ashok Kumar S/o. Cunniyappan ..4th Respondent/1st Respondent
Prayer : This Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 21.12.2010 in M.C.O.P.No.783 of 2007 on the file of the Motor Vehicles Accident Claims Tribunal,Principal District Court, Pondicherry.
Decree:This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal , the order of the Tribunal and the material papers in the case and upon hearing the arguments of Ms. Harini For M.B.Gopalan,Advocate for the Appellant herein and notice being unserved for the respondents 1 to 3 and having been set exparte on the 4th Respondent herein and this court,doth order and decree as follows:
i)that the compensation award and decree dated 21.12.2010 in M.C.O.P.No.783 of 2007 of 2007 on the file of the Motor Vehicles Accident Claims Tribunal,Principal District Court, Pondicherry be and hereby is confirmed and this Civil Miscellaneous Appeal is dismissed;
ii)that the Appellant herein/Insurance Company be and hereby is directed to deposit the compensation amount along with interest, as awarded by the tribunal, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment to the credit of MCOP.NO.783 of 2007. https://hcservices.ecourts.gov.in/hcservices/
iii)that on such deposit being made, the claimants/respondents 1 to 3 shall be permitted to withdraw the enhanced award amount along with interest and costs, less the amount if any,already withdrawn;
iv)that there be no costs in this Civil Miscellaneous Appeal.
Sd/-
Assistant Registrar(J)
//True Copy//
Sub Assistant Registrar
To
Copy to:
The Section Officer, VR Section, High Court,Madras
DATED:16.02.2021
DECREE CMA. No.1033 of 2011
While dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Vehicles Accident Claims Tribunal,Principal District Court, Pondicherry dated 21.12.2010 in M.C.O.P.Nos.783 of 2007 etc as stated within.
SRA(CO)
A.SK(22.11.2021)
1 provisions across 1 enactments
The Divisional Manager M/s. Cholamandalam MS General Insurance Co. Ltd.
Papatthi @ Pappaty W/o. Late. Perumal
Palani @ Pajany
Ilangovan
C. Ashok Kumar S/o. Cunniyappan
Justice D. Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
