Madras High CourtCMA(MD)/1115/2010dismissed

Mariyaraj(Died) v. United India Insurance Company

2019-10-24Honourable Mr Justice Krishnan Ramasamy2 pages

CMA(MD). No.1115 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of October Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.1115 of 2010 MARIYARAJ(DIED) .. 1st Appellant /Petitioner

2. Pilaominal

3. Arul Mary

4. Iruthayaraj

5. Melquine

6. Antony Samy .. Appellants 2 to 6 (Appellants 2 TO 6 are brought on record as LRs of the deceased sole appellant Vide Court Order dated 28.11.17 made in CMP.6546 of 2017 in CMA(MD). No.1115 of 2010) Vs 1.UNITED INDIA INSURANCE COMPANY LIMITED, REP. BY Its MANAGER, NO.19,ANDIYAPPA GRAMANI STREET, CHENNAI-13.

.. Respondent No.1/ Respondent No.2

2. S. ASHOK .. Respondent No.2/ Respondent No.1 Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against award dated 02.09.2009 made in MCOP No.138 of 2002 on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Sivagangai.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of MR.J.ANANDKUMAR, Advocate for the Appellant and of MR.A.SHAJAHAN, Advocate for First Respondent, the Second Respondent having been set exparte, and this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal cum Court of the Chief Judicial Magistrate, Sivagangai, dated 02.09.2009 made in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.1115 of 2010 MCOP No.138 of 2002 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

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

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) TO The Motor Accident Claims Tribunal-cumChief Judicial Magistrate, Sivagangai Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.A.SHAJAHAN, Advocate ( SR-94465[F] dated 25/10/2019 ) +1 CC to Mr.J.ANANDKUMAR, Advocate ( SR-94350[F] dated 24/10/2019 ) ORDER DATED : 24/10/2019 ========================== DECREE ========================== CMA(MD). No.1115 of 2010 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal against award dated 02.09.2009 made in MCOP No.138 of 2002 on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Sivagangai.

MK (28.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2