Madras High CourtCMA(MD)/1198/2014allowed

Mrs.Poila, v. Mr.Ramasmay

2022-03-15Honourable Mr Justice Rmt. Teekaa Raman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifteenth day of March Two Thousand Twenty Two PRESENT he Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMA(MD). No.1198 of 2014 POILA .. Appellant/Claimant Vs

1. RAMASMAY .. Respondent/1st Respondent

2. M/S.RELIANCE GENERAL INSURANCE, THRO. ITS BRANCH MANAGER, OPP.TO SURIYAN FM STUDIO, VANNARAPETTAI, TIRUNELVELI & DISTRICT. Respondent/ 2nd Respondent Prayer :- This Civil Miscellaneous Appeal filed under section 173 of the Motor Vehicles Act against the judgment and decree made in MCOP. NO.11 of 2009 dated 30/03/2011, on the file of the Motor Accidents Claims Tribunal (Fast Tract Court No.I), Tirunelveli. Decree:- This Civil Miscellaneous Appeal came up for final hearing on this day, 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. B. Rajesh Saravanan, advocate for the appellant and of Mr. S.

Sakthivel, advocate for the 2nd respondent and there was no appearance for the 1st respondent, while allowing this appeal, this court doth order and decree as follows:- i) That the decree dated 30/03/2011 made in MCOP NO.11 of 2009 on the file of the Motor Accidents Claims Tribunal (Fast Tract Court No.I), Tirunelveli, be and hereby is set aside. ii) That the matter is remitted back to the Tribunal and the Additional District and Sessions Judge, Tirunelveli be and hereby is directed to dispose of the case in the light of observation and direction contained in the judgment herein iv) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.

1. The Motor Accidents Claims Tribunal, Fast Track Court No.1, Tirunelveli.

2. The Additional District and Sessions Judge, Tirunelveli.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai (to return the records lower court immediately) +1 CC to M/s.V.SAKTHIVEL, Advocate ( SR-12247 dated 15/03/2022 ) +1 CC to M/s.B.RAJESH SARAVANAN, Advocate ( SR-12738 dated 17/03/2022 ) ORDER DATED : 15/03/2022 ========================== DECREE ========================== CMA(MD). No.1198 of 2014 Nature of Decree:- Allowing the CMA(MD) NO.1198 of 2014 preferred against judgment and decree passed by the Motor Accidents Claims Tribunal, Fast Track Court No.1, Tirunelveli, made in MCOP NO.11 of 2009, on 30/03/2011 etc., as stated within.

KB(22.03.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2