Skip to content


P. Jeyakavitha Vs. The United India Insurance Company Limited - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.R.P(NPD)(MD)No. 2007 of 2016
Judge
AppellantP. Jeyakavitha
RespondentThe United India Insurance Company Limited
Excerpt:
.....in i.a.no.227 of 2016 in m.c.o.p.no.24 of 2013, dated 28.7.2016, on the file of the motor accident claims tribunal(chief judicial magistrate), nagercoil.) 1. this revision has been filed seeking for a direction to set aside the fair and decretal order made in i.a.no.227 of 2016 in m.c.o.p.no.24 of 2013, dated 28.7.2016, on the file of the motor accident claims tribunal(chief judicial magistrate), nagercoil. 2. according to the petitioner, the petitioner has filed the above application to permit her to get her part of compensation of rs.12,02.289/- with accrued interest and costs, by relaxing the condition imposed in the decree. the said application filed by the petitioner was dismissed. aggrieved by the same, the revision petitioner has filed the present revision petition before this.....
Judgment:

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order made in I.A.No.227 of 2016 in M.C.O.p.No.24 of 2013, dated 28.7.2016, on the file of the Motor Accident Claims Tribunal(Chief Judicial Magistrate), Nagercoil.)

1. This revision has been filed seeking for a direction to set aside the fair and decretal order made in I.A.No.227 of 2016 in M.C.O.P.No.24 of 2013, dated 28.7.2016, on the file of the Motor Accident Claims Tribunal(Chief Judicial Magistrate), Nagercoil.

2. According to the Petitioner, the Petitioner has filed the above application to permit her to get her part of compensation of Rs.12,02.289/- with accrued interest and costs, by relaxing the condition imposed in the decree. The said application filed by the Petitioner was dismissed. Aggrieved by the same, the revision petitioner has filed the present revision petition before this Court.

3. The learned counsel for the respondent/Insurance Company would submit that as far as the Insurance Company is concerned, they have deposited the entire award amount and leave the matter to the discretion of the Court.Therefore taking into consideration the reasons stated in the affidavit to withdraw the deposited amount, this Court is inclined to grant the relief as prayed for in the petition.

4. Considering the above facts and circumstances of the case and in the interest of justice, this Court is inclined to pass the following order:

1. The order passed in I.A.No.227 of 2016 in M.C.O.P.No.24 of 2013, dated 28.7.2016, on the file of the Motor Accident Claims Tribunal(Chief Judicial Magistrate), Nagercoil is hereby set aside and the said I.A is allowed.

2. In the event of appropriate application being filed by the Petitioner before the Tribunal, the Tribunal is directed to pass appropriate orders for withdrawal of the balance award amount now lying in the credit of the Nationalized Bank, in accordance with law.

5. The Civil Revision Petition is allowed on above terms. No costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //