BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Sixteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMA(MD). No.1178 of 2011 UNITED INDIA INSURANCE CO.LTD. SALEM REP.BY ITS BRANCH MANAGER, SALEM , SALEM DISTRICT.. ... Appellant/3rd Respondent Vs 1 THE SUPERINTENDING ENGINEER KANYAKUMARI ELECTRICITY DISTRIBUTION CIRCLE, TN ELECTRICITY BOARD, NAGERCOIL & VILLAGE, AGASTEESWARAM TALUK, K.K.DISTRICT.. ...1st Respondent/petitioner 2 SUBBIAH ...2nd Respondent/1st Respondent 3 VADIVEL ...3rd Respondent/2nd Respondent 4 THE BRANCH MANAGER UNITED INDIA INSURANCE CO.LTD., XAVIER, BUILDING, P.W.D.OFFICE RD, NAGERCOIL &, VILLAGE, AGASTEESWARAM TK, K.K.DISTRICT.. ...4th Respondent/ 4thRespondent ( NOTICE TO R4 MAY BE DISPENSED WITH SINCE HE WAS IMPLEADED FOR ADMINISTRATION PURPOSE). Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree made in M.C.O.P.No.265 of 2009, dated 04.07.2011, on the file of the Motor Accident Claims Tribunal- First Additional Subordinate Court, Nagercoil DECREE:- 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.J.S.MURALI, Advocate for the Appeallant and of NO APPEARANCE, for the respondents, this Court doth order and decree as follows:- (1) That the order passed by the Tribunal in M.C.O.P.No.265 of 2009 dated 04.07.2011 on the file of the Motor Accident Claims Tribunal- First Additional Subordinate Court, Nagercoil be and hereby is modified and Civil Miscellaneous Appeal is PARTLY ALLOWED. 1/2 https://hcservices.ecourts.gov.in/hcservices/ (2) That the Appeallant/United India Insurance Company Limited be and hereby is directed to pay sum of Rs.6000/- and the third respondent herein is directed to pay the remaining amount of Rs.65,400/-to the first respondent herein within a period of four weeks from the date of receipt of copy of this order. (3) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The First Additional Subordinate Judge, The MOTOR ACCIDENT CLAIMS TRIBUNAl. Nagercoil Copy to: The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.J.S.MURALI, Advocate ( SR-39242[F] dated 17/12/2021 ) ORDER DATED : 16/12/2021 ========================== DECREE ========================== CMA(MD). No.1178 of 2011 Nature of Decree:-PARTLY ALLOWED,The Civil Miscellaneous Appeal preferred against the judgment and decree made in M.C.O.P.No.265 of 2009, dated 04.07.2011, on the file of the Motor Accident Claims Tribunal- First Additional Subordinate Court, Nagercoil.etc., as stated within. KB(11.02.2022) 2P 5C 2/2 https://hcservices.ecourts.gov.in/hcservices/