Madras High CourtCMA(MD)/1035/2013dismissed

The Manager v. V. Rajalakshmi

2021-02-01Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CMA(MD). No.1035 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the First day of February, Two Thousand and Twenty One PRESENT The Honourable Mrs.Justice T.KRISHNAVALLI CMA(MD). No.1035 of 2013 THE MANAGER, IFFCO TOKYO GENERAL INSURANCE COMPANY LTD., NO. 28 (OLD NO. 195), 1ST & 2ND FLOOR, NORTH USMAN ROAD, T.NAGAR, CHENNAI.

... Appellant/ 2nd Respondent Vs

1. V. RAJALAKSHMI

2. V. LAXMIKANDH

3. V. SRIVIDHYA

4. S. RAJAMANI ... Respondents 1 to 4 / Claimants

5. M. KUMAR ... 5th Respondent / 1st Respondent

6. M. AYYAPPAN

7. THE MANAGER, NATIONAL INSURANCE COMPANY LIMITED, 930, SATHY ROAD, GANDHIPURAM, COIMBATORE.

... Respondents 6 & 7 / Respondents 3 & 4 (R6 & R7 HEREIN ARE GIVEN UP AND NOT NOTICE BE SERVED ON THEM) Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the District Judge, The Motor Accident Claims Tribunal (District Court), Karur dated 31.10.2011 made in M.C.O.P. No.618 of 2006. 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.S.SRINIVASA RAGHAVAN, Advocate for the Appellant and of MR.K.SURESH KUMAR, Advocate for respondents 1 to 4, and the fifth respondent herein not appeared either in person or through Advocate, this Court doth order and decree as follows:-

(1) That the Award dated 31.10.2011 passed by the Motor Accident Claims Tribunal (District Court), Karur made in M.C.O.P. No.618 of 2006 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

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CMA(MD). No.1035 of 2013

(2) And that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The District Judge, The Motor Accident Claims Tribunal (The District Court), Karur.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai ( 2 Copies) +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-2704 dated 02/02/2021 ) +1 CC to M/s.K.SURESH KUMAR, Advocate ( SR-2713 dated 02/02/2021 ) ORDER DATED : 01/02/2021 ========================== DECREE ========================== CMA(MD). No.1035 of 2013 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 31.10.2011 passed by the Motor Accident Claims Tribunal (District Court), Karur made in M.C.O.P.

No.618 of 2006.

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