N.Jeyakumar v. M.Subramanian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Eleventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.872 of 2012 and CMA(MD) No.1145 of 2012 CMA(MD) No.872 of 2012 N.JEYAKUMAR, S/O.NARAYANASAMY NO.142-C MAIN ROAD , SETHUR RAJAPALAYAM TALUK..

.. Appellant / 2nd Respondent .. Vs. ..

1.M.Subramanian S/o.Madasamy Nadar, No.144, Paradesi Oorani Street, Sethur, Rajapalayam Taluk. ..

1st Respondent / Petitioner 2.Ramasamy S/o.Perumal, No.814, Desikapuram, Sozhapuram, Rajapalayam Taluk ..

2nd Respondent / 1st Respondent

3. New India Assurance Co Ltd Rajapalayam Town. .. 3rd Respondent / 3rd Respondent CMA(MD) No.1145 of 2012 Ramasamy S/o.Perumal 8/4,Desigapuram Chozhapuram, Rajapalayam Taluk ... Appellant / 1st Respondent - Vs. -

1. M.Subramanian S/o.Madasamy Thevar 144,Paradeshi Oorani Street Seithur(Post) Rajapalayam Taluk ...1st & 2nd Respondent / Claimants

2. Thikai Ammal W/o.Subramanian 144,Paradeshi Oorani Stret Seithur(Post) Rajapalayam Taluk

3. N.Jeyakumar S/o.Narayanasamy 141-C Main Road Seithur Post Rajapalayam Taluk

4. New India Assurance Company Through its Divisional Manager 1/3

402,Tenkasi Road Rajapalayam ...3rd & 4th Respondents / 2nd & 3rd Respondent Common Prayer:- These Civil Miscellaneous Appeals are filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award dated 30.09.2011 made in MCOP No.262 of 2005 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Virudhunagar District at Srivilliputhur.

DECREE:- These Civil Miscellaneous Appeals having come up for final hearing on Friday the twenty ninth day of October Two thousand and twenty one, 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 in CMA(MD) No.872 of 2012 and Advocate for third respondent in CMA(MD) No.1145 of 2012 and of Mr.S.Alagusundar, Advocate for first respondent in CMA(MD)872 of 2012 and for 1st and 2nd respondent in CMA(MD) No.1145 of 2012 and of Mr.M.ASHOK KUMAR, Advocate for Appellant in CMA(MD) No.1145 of 2012 and Advocate for second respondent in CMA(MD) No.872 of 2012 and of Mr.B.VIJAY KARTHIKEYAN, Advocate for the third respondent in CMA(MD) No.872 of 2012 and Advocate for fourth respondent in CMA(MD) No.1145 of 2012, while allowing these Appeals, and having stood over for consideration till this date, this Court doth order and decree as follows:-

(1) That the award dated 30.09.2011 made in MCOP No.262 of 2005 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Virudhunagar District at Srivilliputhur be and is hereby set aside and the CMA(MD) No.872 of 2012 and CMA(MD) No.1145 of 2012 are allowed.

(2) That the claimants in MCOP No.262 of 2005 shall not entitle to any compensation.

(3) That the claim petition is dismissed.

(4) That there be no order as to cost in these Civil Miscellaneous Appeals.

Sd/- Assistant Registrar (Cs-II) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

To THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL.

VIRUDHUNAGAR DISTRICT, SRIVILLIPUTHUR.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.B.VIJAY KARTHIKEYAN, Advocate(SR-6089 dated 15/02/2022 ) +1 CC to M/s.V.RAGHAVACHARI, Advocate ( SR-5646 dated 11/02/2022 ) +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-5637 dated 11/02/2022 ) ORDER DATED : 11/02/2022 ========================== DECREE ========================== CMA(MD). No.872 of 2012 and CMA(MD) No.1145 of 2012 Nature of Decree:- Allowing the Civil Miscellaneous Appeal preferred against the award of the Motor Accident Claims Tribunal, Principal District Judge, Virudhunagar at Srivilliputhur in MCOP No.262 of 2005 dated 30.09.2011 and etc., as stated therein KB(10.03.2022) 3P 7C 3/3