New India Assurance Co. Ltd., v. Ponny

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN C.M.A.No.3539 of 2014 New India Assurance Co.Ltd., Kumaran Shopping Complex, Kumaran Road, Tiruppur ... Appellant/ 3rd Respondent

Versus

1.Ponny 2.Minor Senkuttuvan 3.Minor Kesavaraj 4.Kandasamy 5.Veerammal (Minors 2 & 3 rep. by its mother & Guardian 1st respondent) ..Respondents 1 to 5 / Petitioners 1 to 5 6.R.Arunthathi 7.National Insurance Co. Ltd., Branch Office, 81-D, Chetty Street, Opp. Bus Stand, Tiruchengode - 637 211 8.R.Thilagam 9.Minor R.Keerthana 10.V.Subramaniam 11.Kuppammal (Minor rep. by her mother & NF 8th respondent) (respondent 6 & 8 to 11 ex parte in Lower Court and hence Notice may be dispensed with) ..Respondents 6 to 11 / Respondents 1,2 and 4 to 7 Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree in MCOP.No.473 of 2002 dated 21.04.2006 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court,

Erode.

DECREE: This Appeal coming on for hearing on this day and upon perusing the grounds of Appeal , the judgment and decree of the Lower Court and the material papers in this case and upon hearing the arguments of Mr.E.Rajadurai for Mr.N.Vijayaraghavan, Advocate for the Appellant and the Respondents 6,8 to 11 having been set an exparte and regarding Respondents 1 to 5,7 not ready in notice this Court doth order and decree as follows:

(i) That the award of the motor accidents claims tribunal, Chief Judicial Magistrate Court, Erode and made in MCOP.No.473 of 2002 dated 21.04.2006 be and hereby is confirmed and the Civil Miscellaneous appeal is dismissed; (ii) That the appellant / Insurance company be and hereby is directed to deposit the total compensation of Rs.

(vi) That there Shall be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

lok To 1.The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Erode.

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

+1cc to M/s.Mr.Manokaran, Advocate, S.R.No.24221 DATED: 20/04/2021 DECREE C.M.A.No.3539 of 2014 Dismissing the Civil Miscellaneous appeal preferred against the award passed by the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Erode made in MCOP.No.473 of 2002 dated 21.04.2006 etc., as stated within.

AK-I(CO) SB(01/11/2021)