Allowed

United India Insurance Co.Ltd. v. Minor.Abirami

Madras HC28 Nov 2016CMA(MD)/624/2015

Case brief

AI extract

What is this about?

This civil appellate jurisdiction order set aside an award by the Motor Accident Claims Tribunal regarding a vehicle accident claim, directing the victim to recover compensation from the vehicle owner, with no costs awarded.

What did the court decide?

The award passed by the Motor Accident Claims Tribunal in M.C.O.P.No.1591 of 2008 dated 11.11.2013 was set aside. The victim is entitled to recover compensation from the owner of the vehicle.

United India Insurance Co.Ltd. Vs Minor.Abirami — Service and Employment | 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.624 of 2015

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THE UNITED INDIA INSURANCE COMPANY LTD., WEST MASI STREET, MADURAI THROUGH ITS DIVISIONAL MANAGER.

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... APPELLANT/3^rd RESPONDENT

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1 MINOR ABIRAMI REP.THROUGH HER FATHER AND NATURAL GUARDIAN SURESH ...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.1591 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.1591 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/Assistant Registrar(CS-I)

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/True Copy/

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

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Sub Assistant Registrar

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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.73674

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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. 1591/2008 dated 11.11.2013 and giving directions etc. as stated within.

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

United India Insurance Co.Ltd. v. Minor.Abirami

Case brief

What is this about?

What did the court decide?

United India Insurance Co.Ltd. v. Minor.Abirami

Case brief

What is this about?

What did the court decide?

What the court decided

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