Madras High CourtCMA(MD)/2004/2013allowed

The United India Insurance v. Anuradha

2016-11-28Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Eighth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMA(MD) No.2004 of 2013 THE UNITED INDIA INSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL MANAGER, 91, KAMARAJAR SALAI, MADURAI-9. ... APPELLANT/2ND RESPONDENT Vs 1 ANURADHA 2 D.VENKATESAN @ D.MAHARAJAN ... RESPONDENT/1st RESPONDENT Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 02.03.2010 in MCOP.No.245 of 2006 on the file of the learned Motor Accident Claims Tribunal, Principal Sub Court, Madurai. DECREE: This Civil Miscellaneous Appeal is coming on for orders on this day. Upon perusing the grounds of Appeal, the order of the Lower Court and the material papers in the Appeals and upon hearing the arguments of Mr.G.Prabhu Rajadurai, Advocate for Appellant and of MR.V.PANDIYAN, Advocate for the first and second respondent this court while allowing the appeal, doth order and decree as follows;

1. that the order and decree passed in MACOP.No.245 of 2006 dated 02.03.2010 on the file of the Motor Accidents claims Tribunal, Principal Sub Court, Madurai is set aside and this Civil Miscellaneous Appeal is allowed.

2. that the mother of the Respondents/Claimants be and hereby are permitted to recover the amount of compensation awarded by the Tribunal from the owner of the vehicle in the manner known to law ; and

3. that there be no order as to costs in this Civil Miscellaneous Appeal.

sd/- Assistant Registrar(CO) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Motor Accident Claims Tribunal Principal Subordinate Court, Madurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai +1cc to MR.G.Prabhu Rajadurai, Advocate SR.No. 73668 ORDER DATED :28/11/2016 DECREE CMA(MD) No.2004 of 2013 Nature of the DECREE: Allowing the Appeal preferred against the judgment and decree dated 02.03.2010 made in MCOP.No.245 of 2006 on the file of Motor Accidents Claims Tribunal Principal Sub Court, Madurai, etc., as stated within.

GJM/SKN-RSK/17.03.2017:2P/4C https://hcservices.ecourts.gov.in/hcservices/