Kaja v. A. Dharani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.M.A.Nos.137 AND 516 of 2018 Kaja ... Appellant/Petitioner in C.M.A.No.137 of 2018 and 1st Respondent/Petitioner in CMA No.516 of 2018 /versus/

1. A.Dharani, (Remained ex-parte before trial Court) ...1st Respondent/1st Respondent in CMA No.137 of 2018 and 2nd Respondent /1st Respondent in CMA No.516 of 2018

2. United India Insurance Company Limited, Motor Third Party Hubb, 4 th Floor, Silinghi Buildings, 134, Greams Road, Thousand Lights, Chennai - 600 006.

... 2nd Respondent/2nd Respondent in C.M.A.No.137 of 2018 and Appellant/2nd Respondent in CMA No.516 of 2018 Prayer: These Civil Miscellaneous Appeal are filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 14.09.2017 made in M.C.T.O.P.No.7940 of 2013, on the file of the Motor Accidents Claims Tribunal/II Small Causes Court, Chennai.

DECREE:These Civil Miscellaneous Appeals coming on for hearing on this day, and upon perusing the grounds of Appeal the award of the Tribunal below, and the material papers in this case and

upon hearing the arguments of Mr.R.Kalaiarasan, Advocate for the Appellant in CMA No.137/2018 and for the Ist Respondent in CMA No.516 of 2018, and Mr.R.Ratna Thara, Advocate for the Appellant in CMA No.516/2018 and for the 2nd Respondent in CMA No.137/2018 and the first Respondent in CMA No.137/2018 and the Second Respondent in CMA No.516/2018 are having been remained set exparte before the tribunal and this Court while allowing the appeal in CMA No.516/2018 in part and in modification of the award of the tribunal and dismissing the CMA No.137/2018 doth order and decree as follows;

i)That the Compensation award and decree dated 14/09/2017 made in 7940 of 2013 on the file of Motor Accidents Claims Tribunal, II Small Causes Judge, Chennai be and hereby is confirmed;

ii)that the Appellant herein in CMA No.516/2018/Insurance Company shall be at liberty to pay the award of compensation to the Claimant and recover the same from the Insured/Owner of the Vehicle;

iii)that there be no order as to costs in this Civil Miscellaneous Appeal;

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR bsm To:- The Judge, II Small Causes Court (Motor Accidents Claims Tribunal), Chennai.

Copy to The Section Officer, V.R.Section, High Court, Madras.

+1cc to Mr.N.M.Muthurajan, Advocate SR.15025 Dated:09/03/2021 DECREE C.M.A.Nos.137 and 516 of 2018 Dismissing the Civil Miscellaneous Appeal in CMA No.137 of 2018 and partly allowing in CMA No.516 of 2018 preferred against the Judgment and Decree dated 14/09/2013 made in MCOP No.7940 of 2013 on the file of the Motor Accidents Claims Tribunal/IInd Small Causes Court, Chennai etc., as stated therein.

vg II[co] srg 09/02/2022