The Madras High Court dismissed the Civil Miscellaneous Appeal filed by Shriram General Insurance Company Limited. The court held that since the entire award was withdrawn by claimants and no prima facie case for admission existed, the appeal lacked merits.
Appeal dismissed; connected C.M.P. No.4161 of 2017 closed; no order as to cost.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 27.02.2017
C O R A M
The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice M.Govindaraj
Civil Miscellaneous Appeal No.804 of 2017 and C.M.P.No.4161 of 2017
M/s.Shriram General Insurance Company Limited II Floor, City Centre Complex No.66, Thirumalai Pillai Road T.Nagar, Chennai - 600 017 ... Appellant
Vs
1.S.Pankajam 2.E.S.Swapna 3.E.S.Sowmya 4.E.S.Ramkumar 5.R.Kalyani 6.Bujjammameriga ...Respondents
Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 19.12.2012, passed in M.C.O.P.No.1663 of 2010, by the Motor Accident Claims Tribunal, (XVII Additional District and Sessions Judge), Chennai.
For Appellant : Mr.B.Murugavel
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J U D G M E N T (Made by S.Manikumar,J)
Going through the judgment and decree, we do not find that M/s.Shriram General Insurance Company Limited, Chennai, has made out any prima facie case for admission. Added further, Mr.B.Murugavel, learned counsel for the insurance company/appellant, submitted that the entire award amount, without proportionate interest and cost, less the statutory deposit, credited to M.C.O.P.No.1663 of 2010, on the file of Motor Accident Claims Tribunal, (XVII Additional District and Sessions Judge), Chennai, has been withdrawn by the claimants/legal representatives of the deceased.
Accordingly, Civil miscellaneous appeal is dismissed. However, there shall be no order as to cost. Consequently, the connected civil miscellaneous petition is closed.
Index : Yes/No
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website : Yes/No. ASR To
The Motor Accident Claims Tribunal, (XVII Additional District and Sessions Judge), Chennai.
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S.MANIKUMAR,J a n d M.GOVINDARAJ,J asr.
C.M.A.No.804 of 2017 and C.M.P.No.4161 of 2017
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27/2/2017
1 issue framed by the court
Whether the Motor Accident Claims Tribunal's award has any claim pending or claimants are alive to maintain a challenge under Section 173 of the Motor Vehicles Act.
1 provisions across 1 enactments
M/s.Shriram General Insurance Company Limited
S.Pankajam
E.S.Swapna
E.S.Sowmya
E.S.Ramkumar
R.Kalyani
S.Manikumar
M.Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
