United India Insurance Co. Ltd v. National Transport Company

CMA(MD). No.678 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction ) Tuesday, the Sixteenth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.678 of 2010 M/s United India Insurance Company Ltd., rep.by its Divisional Manager No.52, South Masi Street Madurai 625 001 ..

Appellant /2nd Respondent Vs

1. M/s National Transport Company No.137-141/66-67 East Veli Street Maduai ..

1st Respondent/1st Respondent

2. Tamil Nadu Electricity Board Avaniapuram rep. By its Assistant Engineer Avaniapuram, Madurai ..

2nd Respondent/Claimant Prayer :- This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988 to set aside or modify the order of the Tribunal in MCOP No.1493 of 2004 dated 19.03.2009 on the file of the Motor Accident Claims Tribunal-cum-Additional District and Sessions Judge (Fast Track Court No.III), Madurai DECREE: This Civil Miscellaneous Appeal coming on for hearing on this day upon perusing the grounds of Appeal, the order of the Lower Court and the material papers in the Appeal and upon hearing the arguments of Mr.A.S. Mathialagan, Advocate for the Appellant and of Mr. J.Lawarance, Advocate for the First Respondent and Mr. R.

Murali, Advocate for the Second Respondent, and in pursuance of the submission made by the learned Counsel for the appellant that the entire amount has already been deposited, this Court, while allowing the Appeal, doth order and decree as follows: (i) That, the Judgment and Decree of the Motor Accident Claims Tribunal-cum-Additional District and Sessions Judge (Fast Track Court No.III), Madurai dated 19.03.2009 passed in MCOP No.1493 of 2004 be and hereby is set aside. (ii) that, the Appellant herein/Insurance Company be and hereby, is liable to pay a sum of Rs.6000/- https://hcservices.ecourts.gov.

CMA(MD). No.678 of 2010 (iii)that, the excess amount shall be refunded to the appellant and (iv) That, there be no costs in the Civil Miscellaneous Appeal Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1. The Assistant Engineer Tamil Nadu Electricity Board Avaniapuram, Madurai

2. The Motor Accident Claims Tribunal-cum-Additional District and Sessions Judge (Fast Track Court No.III), Madurai Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai (2 Copies) +1 CC to M/s.J.LAWRANCE, Advocate ( SR-5540 dated 17/02/2021 ) +1 CC to M/s.A.S.MATHIALAGAN, Advocate ( SR-5572 dated 17/02/2021 ) ORDER DATED : 16/02/2021 ========================== DECREE ========================== CMA(MD). No.678 of 2010 Nature of Decree Allowing the CMA(MD). No.678 of 2010 preferred againstthat the Judgment and Decree of the the Motor Accident Claims Tribunal-cumAdditional District and Sessions Judge (Fast Track Court No.III), Madurai dated 19.03.2009 made in MCOP No.1493 of 2004 KB(19.04.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2