M/S. Shriram General Insurance v. S. Pankajam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.02.2017 C O R A M The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice M.Govindaraj Civil Miscellaneous Appeal No.804 of 2017 and C.M.P.No.4161 of 2017 M/s.Shriram General Insurance Company Limited II Floor, City Centre Complex No.66, Thirumalai Pillai Road T.Nagar, Chennai - 600 017 ... Appellant Vs 1.S.Pankajam 2.E.S.Swapna 3.E.S.Sowmya 4.E.S.Ramkumar 5.R.Kalyani 6.Bujjammameriga

...Respondents

*** Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 19.12.2012, passed in M.C.O.P.No.1663 of 2010, by the Motor Accident Claims Tribunal, (XVII Additional District and Sessions Judge), Chennai. *** For Appellant : Mr.B.Murugavel

J U D G M E N T

(Made by S.Manikumar,J) Going through the judgment and decree, we do not find that M/s.Shriram General Insurance Company Limited, Chennai, has made out any prima facie case for admission. Added further, Mr.B.Murugavel, learned counsel for the insurance company/appellant, submitted that the entire award amount, without proportionate interest and cost, less the statutory deposit, credited to M.C.O.P.No.1663 of 2010, on the file of Motor Accident Claims Tribunal, (XVII Additional District and Sessions Judge), Chennai, has been withdrawn by the claimants/legal representatives of the deceased.

2. As there are no merits in the appeal, the same deserves to be dismissed. In view of the above, notice to respondents is waived.

Accordingly, Civil miscellaneous appeal is dismissed. However, there shall be no order as to cost. Consequently, the connected civil miscellaneous petition is closed. (S.M.K.,J) (M.G.R.,J) 27.02.2017 Index : Yes/No

website : Yes/No.

ASR To The Motor Accident Claims Tribunal, (XVII Additional District and Sessions Judge), Chennai.

S.MANIKUMAR,J a n d M.GOVINDARAJ,J asr.

C.M.A.No.804 of 2017 and C.M.P.No.4161 of 2017

27/2/2017 http://www.judis.nic.in