Madras High CourtCMA(MD)/864/2015disposed of

The Oriental Insurnace Company v. Rajkumar

2015-08-07Honourable Dr. Justice P. Devadass1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Seventh day of August Two Thousand and Fifteen THE HONOURABLE MR.JUSTICE P.DEVADASS C.M.A.No.864 of 2015 The Oriental Insurance Company Limited, Rep by its Branch Manager, S.N.High Road, Tirunelveli.

.. Appellant/2nd Respondent Vs.

1.Rajkumar ..1st Respondent/Petitioner 2.Sundar @ Ramachandran (2nd Respondent remained ex-parte before the lower Court) .. 2nd Respondent/1st Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act against the Order of the Motor Accident Claims Tribunal cum Subordinate Judge, Valliyoor dated 22/8/2012 and made in MCOP.No.212/2010.

DECREE:- This Appeal coming on for admission on this day, upon perusing the grounds of Appeal, the order of the Lower Court, and upon hearing the arguments of Mr.K.Bhaskaran, Advocate for the Appellant and this Court while observing that the Insurance Company will have all the remedies available under Order 21 CPC, it can seek remedy as against the offending vehicle and on request of the company, the concerned Regional Transport Officer shall render necessary assistance and disposing the Civil Miscellaneous Appeal with modification of award, doth order and decree as follows:-

1) That on deposit of the award amount, the Insurance Company entitled to levy execution as against the vehicle owner without giving a separate suit; and

2) That there be no costs in the Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To Motor Accident Claims Tribunal,cum Sub Judge, Valliyoor. +One cc to Mr.K.Bhaskaran, Advocate, SR.No.44638 Copy to :_ The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai RL/4 c- 8/9/2015 Order Dated : 07.08.2015 DECREE C.M.A.No.864 of 2015 NATURE OF DECREE: Dispose of the Civil Miscellaneous Appeal with modification against the Judgment and Decree dated 22/8/2012 made in MCOP.No.212/10 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Valliyoor.

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