Madras High CourtCMA(MD)/1057/2016dismissed

The Oriental Insurance v. Elsi, W/O.Michael

2021-03-30Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CMA(MD). No.1057 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Thirtieth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs. Justice T.KRISHNAVALLI CMA(MD). No.1057 of 2016 THE ORIENTAL INSURANCE, COMPANY LTD. THRO. THE BRANCH MANAGER 1ST , FLOOR OPP. D.D.J. CENTER VADASERI BUS STAND , NAGARKOIL AGASTHEESWARAM TK. KK DIST..

Appellant/2nd Respondent Vs 1.ELSI, 2.JEBASINGH, 3.JEBA GADWIN 4.HELAN RANI, 5.JELAN ROOBI, (MINOR) (MINOR RES REP. BY THEIR MOTHER AND NEXT,GUARDIAN THE PETITIONER NO.1) ...R1 TO R5/Petitioners 1 to 5 6.PUSHPARAJ, ...R6/1st Respondent 7.CHRISTY ANGEL SANTHI, ...R7/3rd Respondent 8.FLEX, S/O.MICHAEL, ...R8/4th Respondent Prayer:- Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988 against the award passed by the Motor Accident Claims Tribunal (Sub Court), Kuzhithurai, Kanniyakumari District made in MCOP No.36/2008, dated 12/08/2013. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, 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.

C RAMACHANDRAN, Advocate for the Appellant and of MR. S.M. LINGESWAREN, Advocate for the 1 to 5 Respondent, MR. D. SRINIVASA RAGHAVAN for the 6th Respondent, and Dismissed against R7 AND R8, vide order Dated.14/12/2017,this Court doth order and decree as follows:- https://hcservices.ecourts.gov.

CMA(MD). No.1057 of 2016

(1) that the award passed by the Motor Accident Claims Tribunal (Sub Court), Kuzhithurai, Kanniyakumari District, made in MCOP No.36 of 2008, dated 12/08/2013 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 (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Sub Court, Kuzhithurai, Kanniyakumari District (MOTOR ACCIDENT CLAIMS TRIBUNAl).

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.A.ROBINSON, Advocate ( SR-14307 dated 30/03/2021 ) +1 CC to M/s.C.RAMACHANDRAN, Advocate ( SR-14424 dated 30/03/2021 ) +1 CC to M/s.D.SRINIVASARAGAVAN, Advocate ( SR-14577 dated 30/03/2021 ) ORDER DATED : 30/03/2021 ========================== DECREE ========================== CMA(MD). No.1057 of 2016 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the award passed by the Motor Accident Claims Tribunal(Sub Court), Kuzhithurai,Kanniyakumari District made in MCOP No.36/2008, dated 12/08/2013. KB(27.04.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2