Madras High CourtCMA(MD)/194/2013allowed

The Oriental Insurance Co Ltd v. Veluchamy

2021-06-09Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Wednesday, the Ninth day of June Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CMA(MD). No.194 of 2013 THE ORIENTAL INSURANCE CO LTD, REP BY ITS BRANCH MANAGER DOOR NO.158 P.C.C., COMPLEX 1ST FLOOR NEW ROAD KOVILPATTI , TUTICORIN DISTRICT.

... Appellant / 2nd Respondent Vs 1 VELUCHAMY S/O.SHANMUGA KONAR KEEZHA THERU, GURUKKALPATTI VILLAGE SANKARANKOVIL TALUK ...

1st Respondent / Petitioner 2 V.GURUNATHAN THERUKKU STREET NALUVASANKOTTAI VAGAIKULAM, POST SANKARANKOVIL TALUK TIRUNELVELI DISTRICT.

3 THOMAIAH S/O.SELVARAJ VADAKKU COLONY VAGAIKULAM, POST SANKARANKOVIL TALUK TIRUNELVELI DISTRICT. 4 THE BAJAJ ALLIANCE GENERAL INSURANCE CO LTD REP BY ITS BRANCH MANAGER, 12-G,KMA COMPLEX RAM NAGAR MADURAI ...

2nd to 4th Respondent / 1st, third and fourth respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award of the Motor Accident Claims Tribunal, Subordinate Court, Sankarankovil in MCOP No.41 of 2008 dated 31.10.2011.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Monday, the first day of March 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.K.BHASKARAN, Advocate for the Appellant and of Mr.S.RAJESH KANNAN, Advocate, Legal Aid Counsel for first respondent and Mr.J.S.Murali, Advocate for fourth respondent, and having stood over for consideration till this date, this Court while allowing this Appeal doth order and decree as follows:- https://hcservices.ecourts.gov.in/hcservices/

(1) That the findings of the Tribunal Sub Court, Sankarankoil in MCOP No.41 of 2008 dated 31.10.2011 with regard to the liability of the appellant Insurance Company to pay the award and is be and hereby is setaside.

(2) That the Appellant Insurance Company is permitted to withdraw the amount already deposited, if any, before the Tribunal.

(3) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) To THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, SANKARANKOVIL Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.BHASKARAN, Advocate ( SR-19074 dated 09/06/2021 ) +1 CC to M/s.J.S.MURALI, Advocate ( SR-19189 dated 11/06/2021 ) ORDER DATED : 09/06/2021 ========================== DECREE ========================== CMA(MD). No.194 of 2013 Nature of Decree:- Allowing the Civil Miscellaneous Appeal preferred against the award of the Motor Accident Claims Tribunal, Subordinate Court, Sankarankovil in MCOP No.41 of 2008 dated 31.10.2011 and etc., as stated therein KK(23.06.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/