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2025 DAILYLAW 150994 (MAD)

Minor.A.S.Aniruth v. V.Natarajan (Died) 1.The Branch Manager

CMA(MD)/1689/2024 · 2025-02-07

L Victoria Gowri

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Seventh day of February Two Thousand and Twenty Five PRESENT The HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI CMA(MD). No. 1689 of 2024 Minor A.S.Aniruth Rep.by his natural guardian/ his mother A.Saranya Arun ..Appellant/Petitioner -Vs- 1 V.Natarajan (Died) 1.The Branch Manager National Insurance Company Commercial Plot No.3 No.80 Feet Road Vaigai Colony Madurai - 625 020. 2 G.Arun 3 The Branch Manager, HDFC ERGOE General Insurance Co Ltd 2488 B-IC, C-I Rekha Towers Kamarajar Salai Madurai - 625 009. 1/4 https://www.mhc.tn.gov.in/judis 4 Vasuki Natarajan 5 Elilarasan 6 Sudarsan ..Respondents/Resppondents Prayer :- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act,to set aside the Judgment and decree passed in MCOP.No.20 of 2017 dated 22-01-2024 on the file of the Motor Acident Claims Tribunal cum Special Sub Court,Madurai. DECREE:- These Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the Grounds of appeal,the order of the Lower court and the material records in the case and upon hearing the arguments of Mr.R.Muruga Boopathy Advocate for the Appellant and of Mr.S.Thilka Karthika Advocate for the 1st respondent and of Mr.V.Sathivel Advocate for the 3rd respondent and 2nd ,4th and 6th respondents notice dispensed with, and this court while Partly allowing the appeals,doth order and decree as follows;- 2)That the appellant/Claimant in C.M.A(MD)No.1689 of 2024 be and is hereby entitled to a sum of Rs.71,048/-(Seventy one thousand and forty eighy only) with interest at the rate of 7.5% from the date of the claim petition till the date of realization. 3)The respondents 1,4 to 6 be and are hereby directed to deposit the aforesaid amount with 7.5% interest from date of the claim petition till the date of realization and the amount if not deposited earlier, has to be deposited within a period of 8 weeks from the date of reeipt of copy of this order. 2/4 https://www.mhc.tn.gov.in/judis 4)That the share of the minor claimant/appellant be and is hereby,directed to deposit the same in a Fixed deposit under a periodically renewable scheme till he attain majority. 5)The Guradian of the minor is permitted to withdraw the interest accured theron once in three months for the welfare of the minor. 6) The appellants/Claimants be and are hereby not entitled for the default period, if there is any. 7)There there be no order as to costs in thise appeal. Sd/- Assistant Registrar ( CS III) // True Copy // /04/2025 Sub Assistant Registrar (CS – I/ II / III /IV) TO 1.The Motor Accidents Claims Tribunal, (Special Sub Judge),Madurai. 2. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. +2cc to Mr.R.Murugaboopathy Advocate SR.Nos.8547,8546. +2cc to Mr.S.Srinivasa Raghavan Advocate SR/Nos.8549,8550. +1cc to Mr.V.Sakthivel Advocate SR..No.8530. 3/4 https://www.mhc.tn.gov.in/judis ORDER DATED : 07/02/2025 +Judgment ========================== DECREE ========================== CMA(MD). No.1689 of 2024 While Partly allowing this appeal preferred against the the Judgment and decree passed in MCOP.No.20 of 2017 dated 22- 01-2024 on the file of the Motor Acident Claims Tribunal cum Special Sub Court,Madurai. as stated within.etc jj/21.04.2025 4P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4 https://www.mhc.tn.gov.in/judis