Madras High CourtCMA/1111/2016partly allowed

Transport Corporation Of India v. Mr. Sivalingam

2020-12-08Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN C.M.A.No.1111 of 2016 M/s.Transport Corporation of India Limited, Transport House, 1st Floor, 2nd Cross, Kalasipalayam, New Extension, Bangalore.

....Appellant /1st Respondent Vs 1.Sivalingam ...Ist Respondent/Petitioner 2.The Branch Manager, The United India Insurance Company Ltd., Kamla Nagar, Delhi 110 007.

...2nd Respondent/2nd Respondent Prayer :Civil Miscellaneous Petition filed under Section 173 of Motor Vehicles Act, 1988, to set aside the Judgment and Decree dated 30/03/2015 passed in MCOP No.135 of 2013 on the file of the Motor Accidents Claims Tribunal, Sub Court Hosur.

DECREE:This Civil Miscellaneous Appeal coming on for hearing on this day, upon perusing the Petition of Appeal, the order of the Lower Court and material papers and upon hearing the arguments of Mr.J.R.K.Bhavanantham, Advocate for the Appellant and of Mr.K.Prasanna for M/s.Mukund R.Pandian, Advocate for the first Respondent and of no appearance for the 2nd Respondent either in person or by an Advocate while partly allowing this Appeal doth order and decree as follows;

i)that the award of the Judgment and decree dated 30/03/2015 made in MCOP No.135/2013 on the file of the Motor Accident Claims Tribunal, Sub Court, Hosur is confirmed;

ii)that the Insurance Company be and hereby is entitled to recover the same from the appellant/Insured; iii)that there be no order as to costs in this Civil Miscellaneous appeal;

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Vri To The Subordinate Judge, Motor Accidents Claims Tribunal, Hosur.

Copy to The Section Officer, VR Section, High Court, Madras-104.

+1cc to Mr.Mukund R.Pandian, Advocate Sr.39868 Dated:08/12/2020 DECREE CMA No.1111 of 2016 Partly allowing this Civil Miscellaneous Appeal against the Judgment and decree dated 30/03/2015 made in MCOP No.135/2013 on the file of the Motor Accident Claims Tribunal, Sub Court Hosur and etc., as stated within.

gmr[co] srg 12/08/2021