Dismissed

The Branch Manager v. Thangarasu @ Thangaraj

Madras HC9 Aug 2021CMA(MD)/694/2014

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a civil miscellaneous appeal preferred by United India Insurance Company against the award of the Motor Accidents Claims Tribunal, Sub Court, Palani, confirming the tribunal's decision and directing the insurer to deposit the awarded amount.

What did the court decide?

Confirmation of the Tribunal's award; direction to the appellant insurer to deposit Rs. 18,08,660 plus interest.

The Branch Manager Vs Thangarasu @ Thangaraj — Motor Accident Claims | Madras HC (2021)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

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( Civil Appellate Jurisdiction )

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Monday, the Ninth day of August Two Thousand Twenty One

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PRESENT

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The Hon`ble Mrs.Justice R.THARANI

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CMA(MD). No.694 of 2014

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THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, JEEVA JOTHI BUILDING BACKSIDE, DINDIGUL NAGAR, SALAI ROAD, DINDIGUL DISTRICT. ... Appellant/Respondent

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Vs-

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1 THANGARASU @ THANGARAJ

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S/O. MUTHUMANI, PERIYA MOTTANUTHU, PALANI, TALUK, DINDIGUL DISTRICT.

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2 GUNASEKARAN

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S/O. T.K.PARAMASIVAM, DOOR NO.167/11, THUMMICHAMPATTI VILLAGE, OTTANCHATRAM TALUK, DINDIGUL DITRICT.

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... Respondent(s)/Claimants

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Prayer:-

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Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award of the Motor Accidents Claims Tribunal - Sub Court, Palani, dated 20.08.2013, made in M.C.O.P.No.47 of 2012.

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DECREE:-

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This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr. G. Prabhu Rajadurai, Advocate for the Appeallant and of Mr. D.Venkatesh, Advocate for the first respondent, this Court doth order and decree as follows:-

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(1) That the award passed by the Motor Accidents Claims Tribunal – Sub Court, Palani, dated 20.08.2013, in M.C.O.P.No.47 of 2012, be and hereby is confirmed and the Civil Miscellaneous Appeal is hereby dismissed;

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

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(2) That the Appeallant/Insurance Company be and hereby is directed to deposit Rs.18,08,660/- (Rupees eighteen lakhs eight thousand six hundred and sixty only) in M.C.O.P.No.47 of 2012 alongwith interest at the rate of 7.5% p.a. from the date of petition till the date of deposit with cost within a period of 8 weeks from the date of receipt of a copy of this judgment, if not already deposited;

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(3) That on such deposit being made, the first respondent herein / injured claimant be hereby is permitted to withdraw the entire award amount, after deducting amount, if any, already received by him and he is not entitled for interest for the default period, if there is any default; and

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

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// True Copy //

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The MOTOR ACCIDENT CLAIMS TRIBUNAL, The Subordinate Court, Palani.

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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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+1 CC to M/s.G.PRABHU RAJADURAI, Advocate (SR-25938 dated11/08/2021

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ORDER DATED : 09/08/2021 ========================== DECREE ========================== CMA(MD). No.694 of 2014 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accidents Claims Tribunal -Sub Court, Palani, dated 20.08.2013, made in M.C.O.P.No.47 of 2012.

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KB(07.09.2021) 2P 5C

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

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The Branch Manager v. Thangarasu @ Thangaraj

Case brief

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The Branch Manager v. Thangarasu @ Thangaraj

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