Madras High CourtCMA(MD)/155/2014partly allowed

United India Insurance Company v. Viju Prakash

2019-11-08Honourable Mr Justice Krishnan Ramasamy2 pages

CMA(MD). No.155 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of November Two Thousand and Nineteen PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.155 of 2014 UNITED INDIA INSURANCE COMPANY Ltd., THROUGH ITS BRANCH MANAGER, XAVIER BUILDING, P.W.D. OFFICE ROAD, NAGERCOIL VILLAGE, AGASTEESWARAM TALUK, KANYAKUMARI DISTRICT.

... Appellant / 2nd respondent Vs 1 VIJU PRAKASH ... 1st respondent/ Petitioner 2 P.R.S.SRINIVASAN 3 A.DOMINIC SAVIO 4 THE NEW INDIA INSURANCE COMPANY Ltd., THROUGH ITS BRANCH MANAGER, BALAMORE ROAD, OPPOSITE TO STADIUM, NAGERCOIL, NAGERCOIL VILLAGE, AGASTEESWARAM, TALUK, KANYAKUMARI DISTRICT.

...Respondents 2 to 4 / Respondents 1, 3 & 4

Prayer:

This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, against the award dated 30.03.2012 made in M.C.O.P. No. 80 of 2009 on the file of the Motor Accident Claims Tribunal / Special Court for Forest Offences, Nagercoil. DECREE:- This Civil Miscellaneous Appeal coming upon for hearing on this day; upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to this case and upon hearing the arguments of Mr. B. Rajesh Saravanan, Advocate for the Appellant and Mr. C. Godwin, Advocate for the 1st & 3rd respondents, Mr. B. Vijay Karthikeyan, Advocate for the 4th respondent and the 2nd respondent having not appeared either in person or through a Counsel; this Court doth order and decree as follows:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.155 of 2014

1. That the award dated 30.03.2012 made in M.C.O.P. No. 80 of 2009 on the file of the Motor Accident Claims Tribunal / Special Court for Forest Offences, Nagercoil be and hereby is confirmed and the Civil Miscellaneous Appeal do stand dismissed, confirming the liability fixed by the Tribunal as 50:50; and

2. That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) TO The Judge, Special Court for Forest Offences, Motor Accident Claims Tribunal, Nagercoil.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED 08.11.2019 DECREE C.M.A (MD) No.155 of 2014 Dismissing the Appeal preferred against the award dated 30.03.2012 made in M.C.O.P. No. 80 of 2009 on the file of the Motor Accident Claims Tribunal / Special Court for Forest Offences, Nagercoil etc., as stated within.

pk(CO) TR(13.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2