Madras High CourtCMA(MD)/394/2018allowed

The Oriental Insurance Company v. Eswari

2021-06-09Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Wednesday, the Ninth day of June Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI THE ORIENTAL INSURANCE COMPANY LTD REP BY ITS BRANCH MANAGER DINDIGUL BRANCH DINDIGUL ... Appellant / 3rd Respondent Vs 1 ESWARI W/O.AYYAPPAN, 16, KALMADA ST, UPSTAIRS,, VADIVEESWARAM, NAGERCOIL, VADIVEESWARAM, VILLAGE, AGASTEESWARAM TK, KANYAKUMARI DT..

2 MINOR NITHIYAKALYANI D/O.ESWARI, 16, KALMADA ST, UPSTAIRS,, VADIVEESWARAM, NAGERCOIL, VADIVEESWARAM, VILLAGE, KANYAKUMARI DT.( MINOR 2ND, RESPONDENT REP BY MOTHER ESWARI)... 1st and 2nd Respondents / Petitioners 3 P.ELLAPPAN S/O.PERUMAL NAIDU, 6/62-H, JEEVANAGAR,, MADHAN ROAD, DINDIGUL..

4 S.VENUGOPAL S/O.SANTHAN KRISHNAN, RAMAKRISHNAN, KARUR, Now residing at N.G.O.COLONY, DINDIGUL..

5 GANESH S/O.KUMARESAN, D.V.D.COLONY, KOTTAR,, NAGERCOIL, VADEESWARAM VILLAGE,, AGASTEESWARAM TK, KANYAKUMARI DT..

6 FAIZAL ILAHI S/O.FAHARUDEEN, 24/41, DARGA ROAD, THUCKALAY,, THUCKALAY VILLAGE, KALKULAM TK..

7 NEELAKANDA PILLAI 35-A, K.P.ROAD, KOTTAR, NAGERCOIL,, VADEESWARAM VILLAGE, AGATEESWARAM TK,, KANYAKUMARI DT..

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8 VASANTHA W/O.NEELAKANDA PILLAI, 35-A, K.P.ROAD,, KOTTAR, NAGERCOIL, KANYAKUMARI DT. .. 3rd to 8th Respondents / 1st,2nd,4th to 7th respondents (3rd to 8th RES REMAINED EXPARTE BEFORE THE LOWER, COURT).

Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award dated 20.01.2018 made in MCOP No.23 of 2003 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Nagercoil. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Tuesday, the Second day of March Two thousand and twenty one, 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.K.BHASKARAN, Advocate for the Appellant and of Mr.P.PRABHU, Advocate for first and second respondent and Mr.K.MURUGAN, Advocate for the seventh and eighth respondents, and having stood over for consideration till this date, this Court doth order and decree as follows:-

(1) That the award dated 20.01.2018 made in MCOP No.23 of 2003 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Nagercoil be and hereby is setaside the findings of the Tribunal with regard to the liability of the appellant Insurance Company to pay the award and the Civil Miscellaneous Appeal is Allowed.

(2) That the Appellant/Insurance Company be and hereby is directed to withdraw the amount already deposited, if any, before the Tribunal.

(3) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL.

NAGERCOIL.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.BHASKARAN, Advocate ( SR-19072 dated 09/06/2021 ) +1 CC to M/s.R.MURUGAN, Advocate ( SR-19103 dated 09/06/2021 ) ORDER DATED : 09/06/2021 ========================== DECREE ========================== Nature of Decree:- Allowing the Civil Miscellaneous Appeal preferred against the award of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Nagercoil in MCOP No.23 of 2003 dated 20.01.2018 and etc., as stated therein.

kmk(CO) TR(28.06.2021) 3P 6C 3/3