Insurance company appealed against a low motor accident claim award of Rs.11,000. Court dismissed appeal as it could not take different view from prior dismissals on delay and the award was very low.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.11.2017
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.M.A.(MD).No.231 of 2015 and M.P(MD).No.1 of 2015
The Oriental Insurance Company Ltd., Divisional Office-2, Rep. thro' its Divisional Manager, 6, Northveli Veethi, Madurai Town, Madurai District. ... Appellant/2nd respondent Vs 1.R.Balu ... 1st Respondent/Petitioner 2.M.Paramasivam ...2nd Respondent /1st Respondent
PRAYER:- Civil Miscellaneous Appeal filed under Section173 of the Motor Vehicle Act, to set aside the fair and decreetal order dated 26.02.2010 made in M.C.O.P.No.116 of 2008 on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Sivagangai.
For Appellant : Mr.K.Bhaskaran For R.1 : No Appearance For R.2 : set as ex parte in EB
J U D G M E N T
The insurance company has filed this appeal questioning the impugned order principally on the ground of liability. The respondents have travelled in a goods vehicle and suffered injuries in the accident in question. The said accident gave rise to a number of claims and all of them were allowed. The appeals filed by the insurance company against the other awards that arose out of the same accident were dismissed by this Court, on the ground of delay. Thus, the said awards were confirmed. Therefore, this Court cannot take a different view in this matter. Besides, https://hcservices.ecourts.gov.in/hcservices/ the award amount is also very low. It is for just Rs.11,000/-. I decline to interfere the same.
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Sd/-
Assistant Registrar(CS-III)
/True Copy/
Sub Assistant Registrar
To
kmi
AE/JC/SAR2/23.01.2018/2P/5C
C.M.A.(MD).No.231 of 2015 16.11.2017
1 issue framed by the court
Whether the civil miscellaneous appeal challenging the Motor Accident Claims Tribunal award should be entertained?
The Oriental Insurance Company Ltd.
R.Balu
M.Paramasivam
G.R. SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
