Madras High CourtCMA(MD)/258/2009dismissed

Branch Manager v. S.Neelakandan

2021-04-19Honourable Mr Justice K. Kalyanasundaram2 pages

CMA(MD). No.258 of 2009 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Nineteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.258 of 2009 The Branch Manager The United India Insurance Company Limited Thanjavur.

Appellant/4th Respondent vs

1. S.NEELAKANDAN ..

1st Respondent/Petitioner

2. C.SARAVANAN ..

2nd Respondent/1st Respondent

3. K.KARUNAKARAN ..

3rd Respondent/2nd Respondent

4. RENGASAMY ..

4th Respondent/3rd Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Motor Accidents Claims Tribunal, Additional Chief Judicial Magistrate, Thanjavur at Kumbakonam, dated 29.01.2007 made in M C O P No.122 of 2004.

DECREE:- This Civil Miscellaneous Appeal coming for 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.G.PRABHU RAJADURAI, Advocate for the Appellant and of MR.V.CHANDRASEKAR, Advocate for the First Respondent and no appearance for Respondents 2 to 4 either in person or through advocate, this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accidents Claims Tribunal, Additional Chief Judicial Magistrate, Thanjavur at Kumbakonam, dated 29.01.2007 made in M C O P No.122 of 2004 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

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CMA(MD). No.258 of 2009

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

Sd/- Assistant Registrar(AE) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accidents Claims Tribunal, (Additional Chief Judicial Magistrate) Thanjavur at Kumbakonam, Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.G.PRABHU RAJADURAI, Advocate (SR-16555 dated 20/04/2021) ORDER DATED : 19/04/2021 ========================== DECREE ========================== CMA(MD). No.258 of 2009 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accidents Claims Tribunal, Additional Chief Judicial Magistrate, Thanjavur at Kumbakonam, dated 29.01.2007 made in M C O P No.122 of 2004.

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