Allowed

The United India Insurance Co. v. R.Kondusamy

Madras HC28 Nov 2016CMA(MD)/701/2015

Case brief

AI extract

What is this about?

The Madras High Court allowed an appeal filed by the insurance company, setting aside the compensation award made by the Motor Accident Claims Tribunal. The court directed the claimant to recover the compensation directly from the vehicle owner and ordered no costs.

What did the court decide?

Set aside the award dated 11.11.2013 made by the Motor Accident Claims Tribunal; direct the claimant to recover compensation from the vehicle owner; no costs in the appeal.

The United India Insurance Co. Vs R.Kondusamy — Writ and Judicial Review | 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.701 of 2015

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

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1 R.KONDUSAMY ...1^st RESPONDENT/PETITIONER 2 D.PANCHALI, 3 D.GAJENDRAN, ... RESPONDENT 2 & 3/ RESPONDENT 1 & 2

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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.513 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 Respondent No.1, 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.513 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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Sub Assistant Registrar

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

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

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Copy to The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai

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+1 cc to MR.G.PRABHU RAJADURAI, Advocate SR.No.73681

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ORDER Dated :28/11/2016 DECREE CMA(MD) No.701 of 2015

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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. 513/2008 dated 11.11.2013 and giving directions etc. as stated within.

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SMA/CM-MSA/13.02.2017:2P/4C

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

The United India Insurance Co. v. R.Kondusamy

Case brief

What is this about?

What did the court decide?

The United India Insurance Co. v. R.Kondusamy

Case brief

What is this about?

What did the court decide?

What the court decided

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