Allowed

United India Insurance v. Lakshmi

Madras HC28 Nov 2016CMA(MD)/1262/2014

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court allowed a Civil Miscellaneous Appeal filed by United India Insurance Co. Ltd. against an award by the Motor Accident Claims Tribunal, setting aside the award and directing the claimant to recover compensation from the vehicle owner.

What did the court decide?

The award made in MCOP.No.606 of 2008 was set aside; the claimant is entitled to recover compensation from the vehicle owner; no costs awarded.

United India Insurance Vs Lakshmi — Motor Accident Claims | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Monday, the Twenty Eighth day of November Two Thousand Sixteen

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PRESENT

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The Hon`ble Mr.Justice S.M.SUBRAMANIAM

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CMA(MD) No.1262 of 2014

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THE UNITED INDIA INSURANCE CO.LTD.,

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WEST MASI STREET, MADURAI THROUGH ITS DIVISIONAL MANAGER.

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... APPELLANT/3^rd RESPONDENT

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1 LAKSHMI , ...1^st RESPONDENT/PETITIONER 2 D.PANCHALI, ...2^nd Respondent/1^st Respondent 3 D.GAJENDRAN, ...3^rd Respondent/2^nd Respondent

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Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act 1988, against the Judgment and Decree passed by the Motor Accident Claims Tribunal, (II Additional Sub Court), Madurai made in M.C.O.P.No.606 of 2008 dated 11.11.2013.

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ORDER: This Civil Miscellaneous Appeal is coming on for orders 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.G.PRABHU RAJADURAI, Advocate for the Appellant and MR.V.THIRUMAL, Advocate for the 1^st Respondent and the Respondents 2 & 3 not appeared in person or by an advocate and this Court while allowing the appeal doth order and decree as follows:

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that in respect of the appellant/Insurance Company is concerned, the award dated 11.11.2013 made in MCOP.No.606 of 2008 passed by the Motor Accident Claims Tribunal (II Additional Sub Court), Madurai be and is hereby setaside.

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that the victim/claimant be and is hereby entitled to recover the award of compensation from the owner of vehicle in the manner known to law.

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that there be no costs in this Civil Miscellaneous Appeal.

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Sd/-

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Assistant Registrar(CS-I)

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/True Copy/

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Sub Assistant Registrar

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

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THE II ADDITIONAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI

Copy to

The Section Officer,

VR Section,

Madurai Bench of Madras High Court, Madurai

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+1CC to Mr.G.Prabhu Rajadurai, Advocate Sr.No.73702

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GJM/CM/MSA/13.2.17-2p-4C

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DECREE

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Allowing the Appeal preferred against the Judgment and Decree passed by the Motor Accident Claims Tribunal (II Additional Sub Court), Madurai in M.C.O.P.No. 606/2008 dated 11.11.2013 and giving directions etc. as stated within.

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

United India Insurance v. Lakshmi

Case brief

What is this about?

What did the court decide?

United India Insurance v. Lakshmi

Case brief

What is this about?

What did the court decide?

What the court decided

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