Branch Manager v. Chellammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 24.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR CMA No.843 of 2025 and CMP No.6736 of 2025

1. The Branch Manager, The United India Insurance Co. Ltd., PS Complex, first floor, Mettur Main Road, Omalur, Salem District.

2. The Branch Manager, The United India Insurance Co. Ltd., Branch at Door No.26/30B, Dr.Sankaran Road, Thillaipuram, Namakkal.

... Appellants Vs.

1.Chellammal

2. Periyannan

3. Mohanraj

4. R.Selvam ... Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988 against the award and decree dated 10.01.2024 made in MCOP No.61 of 2020 on the file of the Subordinate Judge, Motor Accident Claims Tribunal, Paramathi.

For appellants : Mr.D.Bhaskaran For Respondents : Mr.Arthanareeswaran, for first respondent

JUDGMENT

This civil Miscellaneous Appeal has been filed against the award passed by the learned Subordinate Judge, Motor Accident Claims Tribunal, Paramathi, dated 10.01.2024 in MCOP No.61 of 2020.

2. When the Civil Miscellaneous Appeal is taken up for hearing, the learned counsel for the appellants would submit that the first respondent/ claimant filed a separate appeal in CMA No.3041 of 2024 and the same was allowed by this court, vide judgment dated 28.11.2024 by enhancing compensation amount to Rs.5,11,500/-. The appellant herein was party to the said judgment.

3. In view of the above, the present appeal filed by the insurance company is not maintainable and hence, the same is dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed.

24.03.2025 Index :Yes/No Speaking order : Yes/No : Yes/No mst

To

1. The Subordinate Judge, Motor Accident Claims Tribunal, Paramathi.

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

S.SOUNTHAR, J.

mst CMA No.843 of 2025 24.03.2025