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Madras High CourtCMA/2716/2017partly allowed

M/S United India Insurance Co. v. S.Durairaj

2022-01-05Honourable Mr Justice V.Sivagnanam,Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM C.M.A.Nos.2716 of 2017 M/s United India Insurance Co., Ltd., Arni.

...Appellant/4th Respondent Vs.

1.S.Durairaj 2.S.Malliga 3.S.Babu 4.S.Parvathi 5.S.Elango 6.S.Renuga ...Respondents 1 to 6/Petitioners 7.P.Mohankumar 8.The Divisional Manager, New India Assurance Co. Ltd., Vellore.

9.D.Kumari

...Respondents 7 to 9 /Respondents 1 to 3

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988 against the Judgment and Decree dated 01.08.2013, made in MCOP Nos. 250 of 2001 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Cheyyar. Decree: This Civil Miscellaneous Appeal coming on for hearing on Seventh day of December Two Thousand and Twenty One and upon perusing the grounds of petition, the Judgment and Decree of the lower court and the material records made available in this case and upon hearing the arguments of Mr.B.Raghavan, Advocate for the Appellant and of Mr.K.G.Senthilkumar, Advocate for the Respondents 1 to 6 and of Mr.S.Dhakshanamoorthy, Advocate for the 8th Respondent and 7th Respondent not appeared either in person or by Advocate,(9th Respondent died),this court doth order and decree as follows:-

1. That the Judgment and Decree dated 01.08.2013 and made in MCOP Nos.250 of 2001 passed by the Motor Accident Claims Tribunal, Subordinate Judge, Cheyyar, be and hereby is confirmed

and Civil Miscellaneous Appeal dismissed.

2. That there be no costs in this Civil Miscellaneous Appeal.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar skn To 1.The Motor Accident Claims Tribunal, Sub Court, Cheyyar 2.The Section Officer, V.R.Section, Madras High Court, Chennai.

+1cc to M/s.K.G.Senthilkumar, Advocate, S.R.No.549 DATED: 05/01/2022 DECREE:

C.M.A.Nos.2716 of 2017 Dismissing the Civil Miscellaneous Appeal preferred against the Judgment and Decree in MCOP.No.250 of 2001 dated 01/08/2013 on the file of the Motor Accident Claims Subordinate Judge, Cheyyar, etc, as stated within.

RR(CO) RN(25/04/2022)