In CMA No.534 of 2002, the Court noted that a connected appeal by the claimant was allowed, enhancing the compensation amount. Since enhanced compensation is awarded to the claimant, there is nothing left to adjudicate in this specific appeal, leading to its dismissal.
The appeal is dismissed without costs.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2017
CORAM: THE HONOURABLE Mr.JUSTICE N.SESHASAYEE
CMA.No.534 of 2002 and CMP.No.4204 of 2002
The National Insurance Co. Ltd.,
Madras – 29. .. Appellant
Vs.
1.R.Ravichandran
2.T.S.Ravi
3.M.Gandhi
4.The United India Insurance Co. Ltd.,
City Branch,
Goodshed Road,
Madurai. .. Respondents
Prayer : Civil Miscellaneous Appeal preferred under Section 173 of the Motor Vehicles Act, 1988, against the award and decree dated 23.7.2001 made in MCOP.No.689 of 1996 on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Thiruvannamalai.
For Appellant : Ms.V.S.Sowmiya for Mr.S.Arunkumar
For Respondents : Mr.S.Mahesh
for Mr.V.Vijaya Shankar [ for R1] No appearance [ R3 & R4] JUDGMENT
The learned counsel for the first respondent/claimant has brought to the notice of the Court that the claimant had preferred an appeal in C.M.A.No.1236 of 2002, seeking enhancement of compensation and it has been allowed by this http://www.judis.nic.in Court on 19.07.2010. A copy of the said order was circulated to this Court
2
and the same is also perused by the learned counsel for the appellant and admitted to the factual correctness of the same. Inasmuch as the claimant's appeal has been allowed and the compensation is enhanced, nothing survives in this present appeal and the same is dismissed, but without costs. Consequently, connected miscellaneous petition is closed.
20.10.2017
ds
Index : Yes/No
Internet : Yes/No
To:
1.The Principal District Judge,
Motor Accidents Claims Tribunal
Thiruvannamalai.
2.The Section Officer
VR Section
High Court, Madras.
3
N.SESHASAYEE,J
ds
C.M.A.No.534 of 2002
20.10.2017
1 issue framed by the court
Whether the present appeal requires adjudication when a connected claimant's appeal was already allowed enhancing compensation.
National Insurance Co. Ltd.
R.Ravichandran
T.S.Ravi
M.Gandhi
United India Insurance Co. Ltd.
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
