Madras High CourtCMA/2614/2021dismissed as infructuous

United India Insurance Company Ltd v. K.Mani

2023-12-01Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE K. RAJASEKAR and C.M.P.No.14996 of 2021 United India Insurance Company Limited, No.2, Bhuvaneswari Complex, Dr.Sankaran Road, Namakkal District - 637 001 ... Appellant Vs.

1.K.Mani 2.Minor K.Pirundha (minor rep. by next friend Guardian her mother K.Mani) 3.Minor K.Eniyan (minor rep. by next friend Guardian his mother K.Mani) 4.R.Palani 5.P.Ramayee 6.S.Balakumar 7.United India Insurance Company Limited, Muthiah Complex, No.1170, Mettur Road, Erode District - 638 011. (given up) ... Respondents Prayer:

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Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award dated 02.12.2020 made in M.C.O.P.No.261 of 2018 on the file of the Motor Accidents Claims Tribunal(Special District Court) at Erode.

For Appellant :

Mr.D.Bhaskaran For R1 to R5 :

M/s.S.P.Yuvaraj For R6 :

No Appearance For R7 :

Given up

JUDGMENT

This Civil Miscellaneous Appeal has been filed by the Insurance Company challenging the quantum of compensation awarded in M.C.O.P.No.261 of 2018, dated 02.12.2020, on the file of the Motor Accidents Claims Tribunal(Special District Court) at Erode.

2. It is reported by the learned counsel for the Insurance Company that already the claimant has filed appeal for enhancement of compensation in C.M.A.No.1000 of 2021, by the order dated 26.03.2021, this Court enhanced the compensation to Rs.24,35,000/-.

3. Since, this Court had already considered the case on merits, further 2/4

adjudication in this appeal is not necessary and the appeal has become infructuous.

4. Accordingly, this Civil Miscellaneous Appeal is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed.

01.12.2023 (2/2) rjr Index:Yes/No Speaking Order:Yes/No To:

1. The Special District Judge, The Motor Accidents Claims Tribunal, Erode.

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

K. RAJASEKAR, J.

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and C.M.P.No.14996 of 2021 01.12.2023 4/4