Madras High CourtCMA(MD)/700/2013dismissed

Royal Sundaram Allaince v. T.Mahalingam

2018-04-24Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Twenty Fourth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD) No.700 of 2013 Royal Sundaram Alliance Insurance Co. Ltd., 37, Krishna Rao Tank Street, Madurai- 01.

... Appellant / 2nd Respondent Vs.

1.T.Mahalingam ... 1st respondent / Petitioner 2.M.Balasaraswathy ... 2nd respondent / Petitioner 3.M.Amarbala ... 3rd respondent / Petitioner 4.A.Lokiarajan ... 4th respondent / 1st respondent 5.R.Selvaraj ... 5th respondent / 3rd respondent 6.The Oriental Insurance Co. Ltd., No.5, G.H.Road, Theni.

... 6th respondent / 4th respondent Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicle Act, 1988, against the fair and decreetal order dated 30.07.2012 made in M.C.O.P.No.67 of 2011 on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Court), Periyakulam.

DECREE: This Civil Miscellaneous Appeal coming on for hearing on this day upon perusing the grounds of Appeal, the order of the Lower Court and the material papers relating to this case and upon hearing the arguments of Mr.M.E.Elango, Advocate for the appellant and of Mr.B.Kumaresan, Advocate for the respondents 1 to 3 and the respondents 4 and 5 having not appeared either in person or through an Advocate and of Mr.K.Bhaskaran, Advocate for the Six respondent and this Court while dismissing this appeal doth order and decree as follows:

i) that there be fair and decreetal order dated 30.07.2012 made M.C.O.P.No.67 of 2011 on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Court), Periyakulam be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

ii) that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To The Additional District and Sessions Judge, Motor Accident Claims Tribunal, Periyakulam, Theni District.

Copy to The section Officer,(2 copies) VR Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.M.E.Elango, Advocate Sr.No.63706 +1cc to Mr.R.Saravanan, Advocate Sr.No.63091 VB/JC/SAR3/01.06.2018/2P/6C DATED :24/04/2018 DECREE CMA(MD) No.700 of 2013 Nature of the Decree: Dismissing this Appeal preferred against the fair and decreetal order made in M.C.O.P.No.67 of 2011, dated 30.07.2012 on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Court), Periyakulam etc., as stated within.

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