Madras High CourtCMA(MD)/20/2013dismissed

The Branch Manager, v. Johnraj

2021-06-08Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CMA(MD). No.20 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Tuesday, the Eighth day of June Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CMA(MD). No.20 of 2013 THE BRANCH MANAGER,, ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD. , 176 D-E TVS SONS LTD.

TRIVANDRUM ROAD , TIRUNELVELI 627 003 ... Appellant / 2nd Respondent Vs 1 JOHNRAJ, S/o.GEORGE No.4/19/1 SASTHANKARAI NULLIVILSI, KULACHAL TALUK KANNIYAKUMARI - 629 251 ...

Respondent / Petitioner 2 JENKINSUJIN S/O.ALPHONSE, NO.83/4/52 J1, KANAKKAL,, REETHAPURAM POST, KANYAKUMARI DITRICT..

3 JEYAPARVATHI W/O.K.N.MAHARAJAN, NO.358-E, LANE STREET,, AZHAGESAPURAM, TUTICORIN..

4 THE ORIENTAL INSURANCE CO.LTD., SHOBA T.S.M.COMPLEX, R.S.ROAD, OPP.TOWN, RAILWAY STATION, PALACAUD, KERALA, REP.BY, ITS BRANCH MANAGER ..

2nd to 4th Respondents / 1st, 3rd and 4th Respondents Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award dated 31.08.2012 passed in MCOP No.133 of 2011 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Tirunelveli. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Thursday,The Twenty fifth day of February 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 and of Mr.V.Sasikumar, Advocate for the first respondent and Mr.K.BHASKARAN, Advocate for the fourth respondent, second and third respondents are not appeared either in person or by an Advocate, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.20 of 2013 having stood over for consideration till this date, this Court doth order and decree as follows:-

(1) That the award dated 31.08.2012 passed in MCOP No.133 of 2011 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Tirunelveli 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 (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) To THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate (SR - 7459 ) +1 CC to M/s.K.BHASKARAN, Advocate ( SR-19068 ) +1 CC to M/s.V.SASI KUMAR, Advocate ( SR-18999 ) ORDER DATED : 08/06/2021 ========================== DECREE ========================== CMA(MD). No.20 of 2013 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the award of the Chief Judicial Magistrate, Motor Accident Claims Tribunal, Tirunelveli District, passed in MCOP No.133 of 2011 dated 31.08.2012 and etc., as stated therein KK 29.06.2021 2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2