The Reliance General Insurance Company Ltd, v. John Rose (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Fifth day of January Two Thousand Twenty Four PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN AND The Hon`ble Mr.Justice P.B. BALAJI THE RELIANCE GENERAL INSURANCE COMPANY LTD, Represented by its Branch Manager, Trivandrum 3rd Floor( Level 5), Trans Tower, Valuthacaud, Trivandrum.

... Appellant/3rd Respondent Vs John Rose (Died)

1. LOIUS KALA, 2 J.L.Jaison Joe, 3 J.L.Jolin Simi,

...Respondents 1o 3/Petitioners

4 S.Shiji, 5 Soudha Beevi, 6 The United India Insurance Company Ltd, Represented by its Branch Manager, Marthandam, Vilavancode Taluk, Kanyakumari District.

... Respondents 4 to 6/Respondents 1,2 &4 1/3

Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Tribunal Judge, (Subordinate Judge), Kuzhithurai dated 19.07.2022 made in M.C.O.P.No.76 of 2009. ORDER:- This Civil Miscellaneous Appeal having come up for final hearing on Tuesday the Twelfth day of December Two Thousand and Twenty Three upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.V.SAKTHIVEL, Advocate for the Appellant and of Mr.S.C.HEROLD SINGH, Advocate for the respondents one to three, and having stood over for consideration till this date, and the Court made the following order :- "In this case, we have noted that MCOP No.76 of 2009 was filed for claiming compensation for the injury.

Pending MCOP, the injured claimant died and for the reasons best known, the Judicial Officer has treated it as a case of fatal and awarded compensation and hence, an explanation has been called and he has also submitted for explanation on 04.11.2023. Pleading ignorance, the explanation is accepted. Further action is dropped.

Tamil Nadu State Judicial Academy at Madurai in the coming session. " Sd/- Assistant Registrar(C.O) // True Copy // /01/2024 Sub Assistant Registrar (CS-I/II/III/IV) Encl :- 1.Copy of this Court Judgment Dt.05.01.2024

2. Copy of order dt.19.07.2022 made in M.C.O.P.No.76 of 2009 on the file of the Motor Accidents Claims Tribunal, (Subordinate Judge),Kuzhithurai.

To The Registrar Judicial Madurai Bench of Madras High Court, Madurai.

Copy to :-

1) The Registrar General High Court, Madras

2) The Director, Tamil Nadu State Judicial Academy, Chennai

3) The Additional Director, Tamil Nadu State Judicial Academy, Regional Centre ,Madurai

4) The Section Officer, " B" Section, Madurai Bench of Madras High Court,Madurai. SI-(20.01.2024) 3P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3