The National Insurance v. Minor Jothiprakash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE MR.JUSTICE D.KRISHNA KUMAR C.M.A.NO.2025 OF 2009 The National Insurance Company Limited, Divisional Office at No.11, Sakthi Road, Lalbagh Mission Road, Bangalore - 560 027.

... Appellant/Respondent Vs.

1.Minor. Jothiprakash S/o.Chandrasekaran [Minor represented by his natural guardian father Chandrasekaran] 2.Kantharaj S/o.Mabnickaraj 3.Mrs.Meera Suresh 4.The Managing Director, Tamil Nadu State Transport Corporation Ltd., No.12, Ramakrishna Road, Salem.

5.P.Easwraran S/o.Palaniappan, 6.P.Rajagopalan S/o.Palani Asari, ... Respondents/Petitioners PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and Decree dated 24.10.2008 made in M.A.C.T.O.P.No.115 of 2005 on

the file of the Motor Accidents Claims Tribunal, Pollachi (Motor Accidents Claims Tribunal cum Subordinate Judge of Pollachi). Decree: This Civil Miscellaneous Appeal coming on for hearing on this day upon perusing the Grounds of Appeal, the order of the Lower Court, and the records in the case and upon hearing the arguments of Mr.S.Vadivel, Advocate for the Appellant, and Mr.D.Raghu, Advocate for the Fourth Respondent and Respondents 1, 3, 5 & 6 non appeared either in person or by Advocate and inrespect of Second Respondent steps not having been taken to serve notice and this Court while dismissing the Civil Miscellaneous Appeal, doth order and decree as follows:- i) that the Judgment and Decree of the Motor Accidents Claims Tribunal, Pollachi (Motor Accidents Claims Tribunal cum Subordinate Judge of Pollachi), made in M.C.O.P.No.115 of 2005, dated 24.10.2008 is confirmed and this Civil Miscellaneous Appeal be and hereby stands dismissed and;

ii) that there be no order as to costs in the Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar To The Motor Accidents Claims Tribunal, Pollachi (Motor Accidents Claims Tribunal cum Subordinate Judge of Pollachi) Copy To The Section Officer, V.R.Section, High Court, Madras-104.

+1cc to Mr.S.Vadivel, Advocate, S.R.No.11292 +1cc to Mr.D.Raghu, Advocate, S.R.No.11363 DATED :

24/02/2021 DECREE :

C.M.A.No.2025 of 2009 Dismissing the Civil Miscellaneous Appeal preferred against the judgment and Decree dated 24.10.2008 made in M.C.O.P.No.115 of 2005 on the file of the Motor Accidents Claims Tribunal, Pollachi (Motor Accidents Claims Tribunal cum Subordinate Judge of Pollachi) etc., as stated therein.

SSN(CO) RLP(13/09/2021)