Madras High CourtCMA(MD)/171/2016dismissed

The Executive Engineer v. Panchavarnam

2019-06-26Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Sixth day of June Two Thousand Nineteen PRESENT:

The Hon'ble Mrs.Justice J.NISHA BANU CMA(MD) No.171 of 2016 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDING AND CONSTRUCTIONS COLLECTORATE OFFICE , RAMANATHAPURAM DISTRICT. ... Appellant/2nd Respondent. Vs 1 PANCHAVARNAM 2 ARIVIGNESWARAN 3 ALEXPANDIYAN (MINOR) 4 ASHOK KUMAR (MINOR) 5 UDHAYAPRABHA (MINOR) (Minor Respondents 3 to 5 are rep. by their Mother, the 1st Respondent)

...Respondents 1 to 5/Claimants.

KANIVEERAN (DIED) 6 KESAVAN (DRIVER) ...6th Respondent/1st Respondent. Civil Miscellaneous Appeal filed under Section 173(1) of Motor Vehicles Act, 1988 preferred against the judgment and decree of the ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMANATHAPURAM, dated 13/10/2015 made in M.C.O.P.No.122/2012. ORDER:- This Civil Miscellaneous Appeal is coming on 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.J.GUNASEELAN MUTHIAH, ADDITIONAL GOVERNMENT PLEADER on behalf of the Appellant and of Mr.K.APPADURAI, Advocate for the respondent No.1 and 3 to 5, and for the second respondent none appeared either in person or by an Advocate, this Court doth order and decree as follows:- https://hcservices.ecourts.gov.in/hcservices/ V:\decree171cma(md)2016.sdw S8

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(1) that, the award passed by the ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMANATHAPURAM, dated 13/10/2015 made in M.C.O.P.No.122/2012 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed; and

(2) That,there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMANATHAPURAM, Copy to: The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to M/s.K.APPADURAI, Advocate SR-71861 +1 CC to the SPL. GOVT. PLEADER SR-71764 ORDER DATED : 26/06/2019 ========================== DECREE ========================== CMA(MD) No.171 of 2016 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the ADDL.DISTRICT JUDGE, RAMANATHAPURAM (MACT), dated 13/10/2015 made in MCOP.122/2012 etc., as stated within.

NA (30.07.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ V:\decree171cma(md)2016.sdw S8