Appeal against MACT decree dismissed. Court upheld judgment partly allowing appeal, enhancing insurance liability by Rs.5 lakhs and permitting withdrawal of award upon filing petition.
Enhanced compensation of Rs.5,00,000/- ordered payable by appellant; withdrawal of award permitted via permission petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Second day of December Two Thousand Sixteen
PRESENT
The Hon`ble Mr.Justice S.M.SUBRAMANIAM
CMA(MD) No.1152 of 2015
M/s.United India Insurance Company Limited, Having its Branch Office at 12, A Kovai Road, PLA Building 2nd Floor, Karur 629 002. .. Appellant/2nd Respondent Vs. 1.V.Parthiban ..1st Respondent/1st Petitioner 2.P.Veerayee ..2nd Respondent/2nd Petitioner 3.Raja Mohamedu ... 3rd Respondent/1st Respondent
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment passed in M.C.O.P.NO. 1429 of 2010 dated 25.09.2014 on the file of the Motor Accident Claims Tribunal cum I Additional District Court, Madurai.
DECREE : This Civil Miscellaneous Appeal is coming on for hearing on this day and upon perusing the grounds of Appeal, the order of the Lower Court and the material papers in this Appeal and upon hearing the arguments of Mr.A.S.Mathialagan, Advocate for Appellant, and the respondents not appeared either in person or through their counsel, and this Court while allowing the appeal doth order and decree as follows:
3 that the Appellant Insurance Company is permitted to recover the award amount for the owner of the vehicle as per the mode incorporated in Shri.Nanjappan's case. (2004 ACC 524(SC).
/ TRUE COPY /
To,
The I Additional District Court, Motor Accident Claims Tribunal, Madurai.
Copy To : The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.
+1CC to Mr.A.S.Mathialagan, Advocate Sr.No.78753
GJM/CM/MSA/24.2.17-2p-4C
DECREE
IN
CMA(MD) No.1152 of 2015 Date :02/12/2016
Nature of the DECREE : Partly Allowing be CMA preferred against I Additional District Court, Motor Accident Claims Tribunal, Madurai in M.C.O.P.No.1429/2010 dated 25.09.2014.
3 issues framed by the court
Whether the Insurance Company is liable to pay enhanced compensation as claimed in the cross appeal.
Whether the Insurance Company can recover the award amount, and whether the claimants can withdraw the entire award.
Whether costs are allowable in this Civil Miscellaneous Appeal.
Colour shows how this judgement treated each authority
Shri.Nanjappan's CaseReferred¶11
(2004 ACC 524(SC))
1 provisions across 1 enactments
M/s. United India Insurance Company Limited
Raja Mohamedu
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
