Madras High CourtCMA(MD)/870/2010dismissed

The Divisional Manager v. Minor M.Annaprakash

2020-12-14Honourable Mr Justice G.Ilangovan2 pages

CMA(MD). No.870 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourteenth day of December Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CMA(MD). No.870 of 2010 THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD.

DIVISIONAL OFFICE 2 DR.SANKARAN ROAD NAMAKKAL..

... Appellant/2nd Respondent Vs 1 MINOR M.ANNAPRAKASH S/O.LATE MUTHUSAMY, 138-C, FOREST ROAD, 7TH STREET, THENI, THENI DISTRICT..

2 MINOR M.ANNAPOORANI D/O.LATE MUTHUSAMY, 138-C, FOREST ROAD, 7TH STREET, THENI, THENI DISTRICT.

(MINORS REP. BY MATERNAL GRANDMOTHER & NEXT FRIEND, C LAKSHMI).

...Respondents 1 & 2/Petitioners

3 E.K.PERIASAMY S/O.KARUPPA GOUNDER, 3/137, SENGALPALLI,, KADHAPALLI POST, NAMAKKAL DISTRICT, (R3 REMAINED EXPARTE BEFORE TRIBUNAL).

...3rd Respondent/1st Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree of the Motor Accidents Claims Tribunal(District Judge) Theni, dated 25.04.2008 made in M.C.O.P.No.94 of 2007 DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Wednesday the Ninth day of December, Two Thousand and Twenty, upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to the Appeal and upon hearing the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.870 of 2010 arguments of MR.C.JAWAHAR RAVINDRAN, Advocate for the Appellant and none appearing for the respondents 1 & 2 and the third respondent having remained ex-parte before the Tribunal, this Court having stood over for consideration till the day, while dismissing the appeal, doth order and decree as follows:-

(1) That the award and decree passed by the Motor Accidents Claims Tribunal (District Judge), Theni, dated 25.04.2008 in M.C.O.P.No.94 of 2007, be and hereby are confirmed and the Civil Miscellaneous Appeal is dismissed; and

(2) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO l.The District Judge, (Motor Accidents Claims Tribunal),Theni.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 14/12/2020 ========================== DECREE ========================== CMA(MD). No.870 of 2010 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accidents Claims Tribunal (District Judge) Theni, dated 25.04.2008 made in M.C.O.P.No.94 of 2007, etc as stated within ac(CO) TR(20.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2