Madras High CourtCMA(MD)/487/2016dismissed

The Branch Manager v. Rajammal

2020-12-22Honourable Mr Justice K.Murali Shankar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of December Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CMA(MD) No.487 of 2016 THE BRANCH MANAGER OREINTAL INSURANCE COMPANY LIMITED, 1548, TENKASI ROAD, RAJAPALAYAM TALUK, VIRUDHUNAGAR DISTRICT. ... Appellant / 2nd Respondent Vs 1 RAJAMMAL W/O. LATE RAMAR, 2 AVUDAIYATCHI D/O. LATE RAMAR, 3 KANNAN S/O. LATE RAMAR, 4 THENMUTHURAMALINGAM S/O. LATE RAMAR, ALL AT 155 NORTH STREET, RENGAPPANAICKENPATTI, RAJAPALAYAM TALUK, VIRUDHUNAGAR DISTRICT. : Respondents 1 to 4/Petitioners 5 N.K.PANKAJAMMAL 539, TENKASI ROAD, RAJAPALAYAM TALUK, VIRUDHUNAGAR DISTRICT. (5TH RESPONDENT REMAINED EXPARTE BEFORE THE LOWER COURT) : 5th Respondent / 1st Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree of the Motor Accidents Claims Tribunal cum Sub Court Srivillipthur ,dated 19.11.2015, made in M.C.O.P.No.273 of 2011.

DECREE: This Appeal coming up for hearing on Friday, the 11th Day of December Two Thousand and Twenty, upon perusing the Grounds of Appeal, the award of the Tribunal and upon hering the arguments of Mr.K.Bhaskaran, Advocate for the Appellant, and of Mr.M.Thirunavukkarasu, Advocate for the respondents 1 to 4 and the appeal as against the 5th respondent having been dismissed for default vide order dated 27.06.2018 this court having stood over for consideration till this day, doth order and decree as follows:

1) That the award and decree passed by the Motor Accident Claims Tribunal, cum Sub Court, Srivilliputhur dated 19.11.2015 in M.C.O.P.No.273 of 2011, be and hereby are confirmed and the Civil Miscellaneous Appeal do stand dismissed; and https://hcservices.ecourts.gov.in/hcservices/

2) That the parties be and hereby are directed to bear their own costs in the Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) das To, 1.The Subordinate Judge, Motor Accidents Claims Tribunal, Srivillipthur.

2.The Record Keeper,(2 copies) Vernacular Records, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.K.Bhaskaran,Advocate Sr.No.26910 ORDER DATED : 22.12.2020 ====================== DECREE ===================== CMA(MD) No.487 of 2016 Nature of Decree: Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of Motor Accident Claims Tribunal cum Sub Court, Srivilliputhur, dated 19.11.2015, made in MCOP No.273 of 2011 etc., as stated within.

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