Cholamandalam Ms General Insurance Company Limited v. Girija

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and C.M.P.No.12129 of 2024 Cholamandalam MS General Insurance Company Limited, represented by its Branch Manager, No.2, Dare House, 2nd Floor, NSC Bose Road, Chennai - 600 001.

... Appellant Vs.

1.Girija W/o.Sakthivel 2.Vijayalakshmi D/o.Kalaiselvan 3.The New India Assurance Company Limited, represented by Branch Manager, North Street, Opp. to Bus Stand, Perambalur District.

4.Veeramani S/o.Parthasarathy ... Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree in M.C.O.P.No.112 1/4

of 2021 on the file of Motor Accident Claims Tribunal, Additional District Judge, Fast Track Mahila Court, Nagapattinam, dated 22.01.2022. For Appellant : Ms.C.Harini For Respondents : Mr.S.R.Sundar [R3] *****

JUDGMENT

This appeal has been filed by the appellant insurance company against the award passed by the Motor Accident Claims Tribunal, Additional District Judge, Fast Track Mahila Court, Nagapattinam, in M.C.O.P.No.112 of 2021, dated 22.01.2022.

2. Heard Ms.C.Harini, learned counsel for the appellant and Mr.S.R.Sundar, learned counsel for third respondent.

3. The present appeal pertains to the claim petition filed in M.C.O.P.No.112 of 2021. Already, the insurance company had filed connected appeals in C.M.A.Nos.569, 590, 642, 677, 695, 842, 852, 855, 902, 903, 938, 941, 942, 947, 959, 969, 970, 1058, 1072 and 1583 of 2023, which also form part of the common award passed by the Tribunal. All these appeals were allowed by this Court by an order dated 2/4

13.03.2024.

The present appeal also forms part of the batch and hence, this Civil Miscellaneous Appeal is disposed of in terms of the judgment passed in the above appeals and accordingly, stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 20.06.2024 Speaking Judgment/Non-speaking Judgment Index :Yes/No gm To The Motor Accident Claims Tribunal, Additional District Judge, Fast Track Mahila Court, Nagapattinam.

N.ANAND VENKATESH, J.

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