The Branch Manager vs Mumpidathi
2023 Latest Caselaw 14147 Mad

                                                                           C.M.A.(MD)No.601 of 2011


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 01.11.2023

                                                   CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                          C.M.A.(MD)No.601 of 2011
                                                      and
                                             M.P.(MD)No.1 of 2011

                    The Branch Manager,
                    United India Insurance Company Ltd.,
                    Sreeji Chambers,
                    Mount Road,
                    Coonoor-643 101.                                      ... Appellant


                                                      Vs.


                    1.Mumpidathi

                    2.D.Panjabakesan

                    3.Dhanalakshmi                                        ... Respondents




                    PRAYER: Civil Miscellaneous Appeal filed under section 173 of Motor
                    Vehicles Act, 1988, to set aside the judgment and decree dated 07.10.2009
                    passed in M.C.O.P.No.239 of 2007 on the file of the Additional Sub Judge,
                    Tirunelveli.


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https://www.mhc.tn.gov.in/judis
                                                                                C.M.A.(MD)No.601 of 2011




                                          For Appellant       : Mr.A.S.Mathiyalagan

                                          For Respondents     : No appearance




                                                     JUDGMENT

The present Civil Miscellaneous Appeal is filed, to set aside the

judgment and decree dated 07.10.2009 passed in M.C.O.P.No.239 of 2007

on the file of the Additional Sub Judge, Tirunelveli.

2.Heard the learned Counsel appearing for the appellant and perused

the materials available on record.

3.On perusal of the award passed by the Tribunal, the compensation

is only a nominal amount of Rs.1,04,100/- (Rupees One Lakh Four

Thousand and Hundred only). Hence, this Court is not inclined to

interfere with the award passed by the tribunal in accordance with law.

Hence, the award of the tribunal is hereby confirmed. In view of the same,

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.601 of 2011

the appellant is directed to deposit the entire compensation amount as

awarded by the Tribunal with accrued interest and costs to the credit of

M.C.O.P.No.239 of 2007 on the file of the Additional Sub Judge,

Tirunelveli within a period of eight weeks (8) from the date of receipt of

copy of this judgment, less the amount, if any already deposited. On such

deposit, the claimants are permitted to withdraw the said amount, less the

amount, if any already withdrawn, by making necessary application before

the Tribunal.

4. With these observations and directions, this Civil Miscellaneous

Appeal is dismissed. There shall be no order as to costs. Consequently,

connected Miscellaneous Petition is closed.

01.11.2023

NCC : Yes / No Index : Yes / No Internet : Yes Sml

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.601 of 2011

To

The Additional Sub Judge, Tirunelveli.

Copy to

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.601 of 2011

L.VICTORIA GOWRI, J.,

Sml

C.M.A.(MD)No.601 of 2011

01.11.2023

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