The New India Assurance Co.Ltd v. Palanichamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Fifteenth day of July Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMA(MD). No.587 of 2008 THE NEW INDIA ASSURANCE Company Limited, REP. BY ITS BRANCH MANAGER NO.674, PERIYAKULAM ROAD, THENI.

Appellant/ 2nd respondent Vs 1 PALANICHAMY 1st Respondent / Petitioner 2 S.ABBAS 2nd Respondent / 1st Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 to set aside the decree and judgment dated 15.11.2007 made in M.C.O.P. No. 429 of 2005 on the file of the Motor Accident Claims Tribunal / Additional Subordinate Court, Dindigul.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to the Appeal and upon hearing the arguments of MR. B. VIJAY KARTHIKEYAN, Advocate for the Appellant, the first respondent has not appeared either in person or by an Advocate and MR. V. SUNDARARAJAN, ADVOCATE FOR M/S. AJMAL ASSOCIATES,Advocate for the 2nd respondent, while allowing in part this Civil Miscellaneous Appeal, this Court doth order and decree as follows:

(1) That the decree and judgment dated 15.11.2007 made in M.C.O.P. No. 429 of 2005 on the file of the Motor Accident Claims Tribunal / Additional Subordinate Court, Dindigul be and hereby are set aside as against the Insurance Company and the award will be only against the owner of the vehicle / second respondent;

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(2) That the owner of the vehicle / second respondent do deposit the amount awarded by the Tribunal; and

(3) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar() // True Copy // Sub Assistant Registrar(CS) TO The Additional Subordinate Court, Motor Accident Claims Tribunal, Dindigul.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies + 1 CC to Mr. B. Vijayakarthikeyan, Advocate in Sr. No.75280. + 1 CC to M/s Ajmal Associates in Sr. No. 75470. ORDER DATED 15.07.2019 DECREE C.M.A.(MD). No.587 of 2008 Allowing in part this Civil Miscellaneous Appeal filed to set aside the decree and judgment dated 15.11.2007 made in M.C.O.P. No. 429 of 2005 on the file of the Motor Accident Claims Tribunal / Additional Subordinate Court, Dindigul etc., as stated within.

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