M/S.United India Insurance Co v. Irudaya Adimai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM C.M.A.No.1335 of 2018 M/s United India Insurance Company Limited, Pallivasal Street, Perambalur.

... Appellant/2nd Respondent Vs.

1.Irudaya Adimai 2.Alphonsal 3.Navilraj 4.John Jagan 5.Mary Lincy Mol ...1 to 5 Respondents/Petitioners 6.M/s. Social Change and Development, No.105, A-1, Bye-Pass Road, Vannarapettai, Tirunelveli - 627 002.

...6th Respondent/1st Respondent Prayer : Civil Miscellaneous Appeal under Section 173 of Motor Vehicles Act 1988 against the award and Decree dated 05.01.2017 made in MCOP No.714 of 2014, on the file of the Motor Accident Claims Tribunal/Principal District Judge, Perambalur. Decree : This Civil Miscellaneous Appeal coming on for hearing on this day, 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.M.B.Raghavan, Advocate for the Appellant and Mr.D.Bhoopal for Mr.T.Gopinath for the Advocate for 1 & 2nd Respondents wherein the 3rd Respondent having set exparte in Lower Court itself, and this Court while disposing of the Civil Miscellaneous Appeal doth order and decree as follows:

1) that the judgment and decree passed by the Motor Accident Claims Tribunal (Principal District Court) be and hereby are set aside and the matter is remanded to the Tribunal and that the Principal District Judge, Perambalur, do restore the MCOP NO.714 of 2014 to its Original number in the register

and proceed to dispose of the case in the light of the observations and directions contained in the judgment herein within one year from the date of a receipt of a copy of the records with this judgment.

2) that there be no order as to costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar To 1.The Motor Accident Claims Tribunal, (Principal District Judge), Perambalur.

Copy To The Section Officer, V.R.Section, High Court, Madras -104.

+1cc to Mr.T.Gopinath, Advocate SR.No.9644 DATED : 14/02/2022 DECREE :

C.M.A.No.1335 of 2018 Disposing the Civil Miscellaneous Appeal preferred against the judgment and Decree dated 05.01.2017 made in MCOP No.714 of 2014 on the file of the Motor Accidents Claims Tribunal/Principal District Judge, Perambalur etc., as stated therein.

CA(CO) GMY(24/05/2022)