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Madras High CourtCMA/1472/2004dismissed

The Branch Manager, v. Salima Ali

2016-11-17Honourable Mr Justice G. Chockalingam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2016

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM C.M.A.NPD(B).No.1472 of 2004 and C.M.P.No.7804 of 2004 The Branch Manager, United India Insurance Company Ltd., Branch Office, 261, J.N.Street, Pondicherry-1.

.. Appellant .. Vs ..

1.

Salima Bi 2.

Mohammed Ali 3.

G.Perumal .. Respondents (3rd respondent ex-parte befoer the lower Court) Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree in M.C.O.P.No.670 of 1996, dated 09.04.2003 on the file of the Motor Accidents Claims Tribunal (Sub Court), Tindivanam, subsequently numbered as M.C.O.P.No.20 of 2002, on the file of the Motor Accidents Claims Tribunal, Fast Track Court-II, Tindivanam.

For Appellant : Mr.N.Vijayaraghavan For RR-1 & 2 : Service awaited For R-3 : Ex-parte - - - - -

JUDGMENT

This civil miscellaneous appeal is filed by the appellant/insurance company against the judgment and decree dated 09.04.2003, made in M.C.O.P.No.670 of 1996, on the file of the Motor Accidents Claims Tribunal (Sub Court), Tindivanam, subsequently numbered as M.C.O.P.No.20 of 2002, on the file of the Motor Accidents Claims Tribunal, Fast Track Court-II, Tindivanam.

2. In this case, the learned counsel appearing for the appellant/insurance company fairly submitted that the award passed by the Tribunal is just one and it cannot be termed as excessive.

3. Considering the submission made by the learned counsel appearing for the appellant, this Court is of the considered view that there is no reason to interfere with the award passed by the Tribunal

and since the Tribunal awarded just compensation, the appeal deserves to be dismissed.

4. Accordingly, this Civil Miscellaneous Appeal is dismissed. Consequently, the connected miscellaneous petition is closed. No costs.

17.11.2016 Internet : Yes Jrl To

1. The Sub Court, The Motor Accidents Claims Tribunal, Tindivanam.

2. The Motor Accidents Claims Tribunal, Fast Track Court-II, Tindivanam.

G.CHOCKALINGAM, J.

Jrl C.M.A.NPD(B)No.1472 of 2004 17.11.2016