United India Insurance Company v. D.Narayanan (Minor)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

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

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN C.M.A.No.2234 of 2012 United India Insurance Company Ltd., No.52, General Muthiah Street, Sowcarpet, Chennai - 79.

... Appellant/2nd Respondent -vs1.D.Narayanan (Minor) declared as major as per order in M.P.No.1527 of 2011 dt.22.08.2011 2.G.Selvaraj ... Respondents/ Petitioners/1st Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the award and decree dated 10.12.2011 made in O.P.No.1856 of 2008 on the file of the Motor Accidents Claims Tribunal, IV Judge, Court of Small Causes, Chennai.

Decree:This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal , the order of the Lower court and the material papers in the case and upon hearing the arguments of Mr.D.Bhaskaran,Advocate for the Appellant and of Mr.M/s.Ramya V Rao, Advocate for the First Respondent and the Second Respondent Not appearing either in person or by an Advocate and this Court while allowing this Civil Miscellaneous Appeal in part,doth order and decree as follows:

i)that the award and decree dated 10.12.2011 made in O.P.No.1856 of 2008 on the file of the Motor Accidents Claims Tribunal, IV Judge, Court of Small Causes, Chennai be and hereby is confirmed;

ii)that the Appellant/Insurance Company be and hereby is directed to pay the compensation to the 1st Respondent/claimant and then recover the same from the owner of the offending vehicle i.e., the second respondent herein.

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iii)that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Judge, IV Court of Small Causes, Motor Accidents Claims Tribunal, Chennai.

Copy to:

The Section Officer, VR Section, High Court,Madras DATED:27.04.2021 DECREE C.M.A.No.2234 of 2012 Partly allowing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 10.12.2011 made in O.P.No.1856 of 2008 on the file of the Motor Accidents Claims Tribunal, IV Judge, Court of Small Causes, Chennai etc as stated within.

AJS(CO) A.SK(12.11.2021) https://hcservices.ecourts.gov.in/hcservices/