Katari Prudhvi vs P.Udhayakumar
2023 Latest Caselaw 6500 Mad

                                                                               C.M.A.No.1411 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 19.06.2023

                                                      CORAM:

                                     THE HONOURABLE MRS.JUSTICE N.MALA

                                                C.M.A.No.1411 of 2022

           Katari Muniswamy (died)

           1.Katari Prudhvi

           2. Katari Sai Krishna                                              ... Appellants

                                                         Vs.
           1.P.Udhayakumar

           2. The New India Assurance Co. Ltd.
           Divisional Office, 6th floor
           Parry's corner, George Town
           Chennai-600 001.
           Branch Office
           166, MRN Towers
           J.N.Road, V.M.Nagar
           Tiruvallur – 602 001.                                              ... Respondents


           Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles

           Act, 1988 praying against the judgment and decree dated 24.03.2021 made in

           M.C.O.P.No.168 of 2018 on the file of the Motor Accidents Claims Tribunal, Special

           District Court No.I to deal with MCOP cases, Tiruvallur.



                                      For Appellants : Mr.M.Lokesh
https://www.mhc.tn.gov.in/judis


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                                                                                     C.M.A.No.1411 of 2022




                                  For R1          : No appearance

                                  For R2          : Mr.T.Jayaraman


                                                    JUDGMENT

Learned counsel for the appellants submits that this appeal is filed by the sons

of the deceased Katari Muniswamy, who died subsequent to passing of the award

dated 24.03.2021 made in M.C.O.P.No.168 of 2018 on the file of the Motor Accidents

Claims Tribunal, Special District Court No.I to deal with MCOP cases, Tiruvallur and

before filing of the present appeal. The said Katari Muniswamy filed M.C.O.P.No.168

of 2018 for the injuries sustained by him in the accident that took place on 27.10.2017

and the Tribunal awarded a sum of Rs.20,000/- as compensation to him. The learned

counsel fairly submits that the said award may be confirmed and the sons of the

deceased may be permitted to withdraw the said amount equally.

2. Recording the above submissions made by the learned counsel for the

appellants, this appeal is disposed of confirming the award of the Tribunal dated

24.03.2021 made in M.C.O.P.No.168 of 2018 on the file of the Motor Accidents

Claims Tribunal, Special District Court No.I to deal with MCOP cases, Tiruvallur. In

view of my finding on liability in the connected appeal, the 2nd respondent/Insurance

Company is directed to deposit the award amount of Rs.20,000/- along with 7.5%

interest, within a period of twelve weeks from the date of receipt of a copy of this https://www.mhc.tn.gov.in/judis

C.M.A.No.1411 of 2022

judgment and then recover the same from the owner of the lorry, 1st respondent. On

such deposit being made, the appellants/claimants shall be entitled to withdraw the

amount equally, by making proper application before the Tribunal. The appeal is

disposed of with the above direction. There shall be no order as to costs.

19.06.2023

(2/2)

Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No

kj

To

1. The Special District Court No.I to deal with MCOP cases Motor Accidents Claims Tribunal Tiruvallur.

2.The Section Officer, V.R.Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis

C.M.A.No.1411 of 2022

N.MALA.J.,

kj

C.M.A.No.1411 of 2022

19.06.2023 (2/2)

https://www.mhc.tn.gov.in/judis