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Madras High CourtCMA/994/2021partly allowed

The Oriental Insurance Co Ltd v. Thirumathi Radhadevi

2022-03-01Honourable Mr Justice V.Sivagnanam,Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY, THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM C.M.A. No.994 of 2021 The Oriental Insurance Co. Ltd., 59, Rajaveedhi, Gobichettipalayam, Gobichettipalayam Taluk, Erode District.

...Appellant/Respondent vs.

Radhadevi

...Respondent/ Petitioner

Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act 1988, against the judgment and decree made in MACT.OP.No.147 of 2017 on the file of the Motor Accidents Claims Tribunal (III Additional District Judge-cum-Sessions Judge) at Gobichettipalayam, dated 20.12.2019.

DECREE: This Civil Miscellaneous Appeal coming on this day, upon perusing the Grounds of Appeal, the order of the lower Court and the material papers in this case and upon hearing the arguments of Mr.M.Krishnamoorthy, Counsel for the Appellant, and Mr.S.P.Yuvaraj, Counsel for the Respondent, while allowing the Civil Miscellaneous Appeal, doth order and decree as follows:

1. That the award passed by the Motor Accidents Claims Tribunal (III Additional District Judge-cum-Sessions Judge) at Gobichettipalayam, dated 20.12.2019 in MACT.OP.No.147 of 2017 is be and hereby set aside.

2. That the respondent/claimant be and hereby is entitled for Rs.1,00,000/- [Rupees one lakh only] under the personal accident cover and the said amount shall be paid along with interest at 7% from the date of the claim petition till the date of realisation.

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3. That there be no costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar pvs To

1. The III Additional District Judge-cum-Sessions Judge, Gobichettipalayam

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

+1cc to Mr.S.P.Yuvaraj, Advocate, S.R.No.13844 DATED: 01/03/2022 DECREE:

C.M.A. No.994 of 2021 Allowing the Civil Miscellaneous Appeal, filed against the judgment and decree dated 20.12.2019 made in MACT.OP.No.147 of 2017 on the file of the Motor Accidents Claims Tribunal (III Additional District Judge-cum-Sessions Judge) at Gobichettipalayam, etc., as stated within.

GSM(CO) SB(30/05/2022) https://hcservices.ecourts.gov.in/hcservices/