The New India Assurance v. Sakthivel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.732 of 2013 The New India Assurance Company Limited, Villupuram.

.. Appellant/4th Respondent Vs.

1.Sakthivel ..1st Respondent/ Petitioner 2.P.Dhakshina Moorthy ..2nd Respondent/1st Respondent 3.The United India Insurance Company Limited, Villupuram.

..3rd Respondent/2nd Respondent 4.K.Anbarasan ..4th Respondent/3rd Respondent (R4 remained exparte before Tribunal.

Hence, notice to R4 dispensed with) Prayer: Civil Miscellaneous Appeal against the award of the Motor Accidents Claims Tribunal,Chief Judicial Magistrate Court, Villupuram dated 18.09.2012 made in M.C.O.P.No.69 of 2011. Decree:This Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal , the Judgment and decree of the Tribunal below and the material papers in the case and upon hearing the arguments of MR.M.Krishnamoorthy,Advocate for the Appellant and of Mr.Arundattan for Mr.C.Munusamy, Advocate for the first Respondent Ms.G.Sudha for Ms.N.

Mala, Advocate for the 3rd Respondent and the Second Respondent Not appearing either in person or by an Advocate and 4th Respondent having set exparte in Lower Court itself and this Court while allowing this Civil Miscellaneous Appeal doth order and decree as follows: i)that the award of the Motor Accident Claims Tribunal,Chief Judicial Magistrate Court, Villupuram dated 18.09.2012 made in M.C.O.P.No.69 of 2011 be and hereby is set aside; ii)that the Appellant/New India Assurance Company Limited shall be permitted to withdraw the amount if any already deposited to the credit of M.C.O.P.No.69 of 2011. https://hcservices.ecourts.gov.

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

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Chief Judicial Magistrate, Motor Accidents Claims Tribunal, Villupuram.

Copy to:

The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.M.Krishnamoorthy , Advocate SR.No. 42848 +1cc to Mr.C.Munusamy, Advocate SR.No. 42872 +1cc to Mr.N.Mala, Advocate SR.No. 42883 Dated:22.12.2020 DECREE C.M.A.No.732 of 2013 While allowing the Civil Miscellaneous Appeal preferred against the Motor Accidents Claims Tribunal,Chief Judicial Magistrate Court, Villupuram dated 18.09.2012 made in M.C.O.P.No.69 of 2011 etc as stated within.

RLD(CO) A.SK(01.09.2021) https://hcservices.ecourts.gov.in/hcservices/