Dismissed

The New India Assurance Co. Ltd. v. Chakkarapani

Madras HC10 Oct 2014CMA/2706/2014

Case brief

AI extract

What is this about?

Appellant filed Civil Miscellaneous Appeal challenging the judgment of the Motor Accidents Claims Tribunal. The appellant contended that the pay and recovery order in the judgment was not reflected in the decree. The High Court observed that the order did appear in the decree and dismissed the appeal.

What did the court decide?

The appeal was dismissed as the grievance regarding the omission of the pay and recovery order was found to be without merit.

The New India Assurance Co. Ltd. Vs Chakkarapani — Execution and Attachment | Madras HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

CORAM

¶3

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN

¶4

The New India Assurance Co. Ltd.,
No. 74, GST Road,
Guindy, Chennai. ..Appellant
Vs.
1. Mr. Chakkarapani
2. P. Jaishankar ..Respondents

¶5

Prayer: Civil Miscellaneous Appeal as against the judgment and decree dated 21.02.2014 in M.C.O.P. No. 645 of 2012 on the file of Motor Accidents Claims Tribunal, II Additional District Court, Thiruvallur at Poonamallee.

¶6

The above Civil Miscellaneous Appeal is directed against the judgment and decree dated 21.02.2014 in M.C.O.P. No. 645 of 2012 on the file of Motor Accidents Claims Tribunal, II Additional District Court, Thiruvallur at Poonamallee.

¶7

When the matter is taken up, the only grievance expressed by the learned counsel for the appellant is that even though, in paragraph No. 12 of the judgment rendered by the Tribunal, pay and recovery has been ordered, the same does not find place in the decree. The relevant portion of paragraph No. 12 reads thus:

¶8

"12. ...Therefore, the 2^nd respondent , though he is not liable to pay the compensation, he has to pay the compensation amount to the petitioner and then recover the compensation amount from the 1^st respondent. ..."

¶9

https://hcservices.ecourts.gov.in/hcservices/

¶10

However, the petitioner's contention may not be correct, since, a perusal of the decretal order of the Tribunal shows that 'pay and recovery' ordered by the Tribunal finds place in clause (2) of the decree. Therefore, while confirming the judgment of the Tribunal, it is observed that the grievance of the appellant is not well-founded and the appeal is disposed of. No costs. Connected M.P. is closed.

¶11

Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
nv
To
The II Additional District Court,
Thiruvallur, Poonamallee, Chennai.
+ 1 cc to Mr.N. Vijayaraghavan, Advcoate SR.48790
C.M.A. No. 2706 of 2014
KKI(CO)
Eu 24.11.14

¶12

https://hcservices.ecourts.gov.in/hcservices/

The New India Assurance Co. Ltd. v. Chakkarapani

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. v. Chakkarapani

Case brief

What is this about?

What did the court decide?

What the court decided

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