Thilagam v. R.Arunthathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN C.M.A.No.375 of 2007 1.Thilagam 2.Minor R.Keerthana Minor rep. by her mother/ guardian Thilagam 3.V.Subramaniam 4.Kuppammal ... Appellants / Petitioners

Versus

1.R.Arunthathi 2.The Branch Manager, National Insurance Co. Ltd., 81-D, Chetty Street, Opp. Bus Stand, Tiruchengode - 637 211 Namakkal District 3.The New India Assurance Co Ltd., Kumaran Shopping Complex, Kumaran Road, Tiruppur, Coimbatore District ... Respondents / Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, challenging the negligence fixed, and for enhancement of the compensation amount awarded in the judgment and decree in MCOP.No.468 of 2002 dated 21.04.2006 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Erode.

DECREE: This Appeal coming on for hearing on this day and upon perusing the grounds of Appeal, the judgment and decree of the Lower Court and the material papers in this case and upon hearing the arguments of Mr.N.Manokaran, Advocate for the Appellants herein and of Mr.E.Rajadurai, Advocate for the third Respondent and the second Respondent not appearing in person or by Advocate

and the notice of first Respondent not ready, this court doth order and decree as follows:

(i) That the award passed by the motor accidents claims tribunal, Chief Judicial Magistrate Court, Erode made in MCOP.No.468 of 2002 dated 21.04.2006 be and hereby is confirmed and the Civil Miscellaneous appeal is dismissed; (ii) That the Third Respondent herein/ Insurance company be and hereby is directed to deposit the total compensation of Rs.

(vi) That there Shall be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lok To 1.The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Erode.

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

+1cc to M/s.Mr.Manokaran, Advocate, S.R.No.24222 DATED: 20/04/2021 DECREE C.M.A.No.375 of 2007 Dismissing the Civil Miscellaneous appeal preferred against the award passed by the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Erode made in MCOP.No.468 of 2002 dated 21.04.2006 etc., as stated within.

AK-I(CO) SB(01/11/2021)