The High Court of Madras heard a petition seeking permission to use a common judgment in place of a certified copy for connected motor accident claims appeals. The court allowed the petition, dispensing with the requirement to file the certified copy.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Tuesday, the Third day of October Two Thousand Seventeen
PRESENT
THE HON`BLE MR JUSTICE A. SELVAM
AND
THE HON`BLE MR JUSTICE P. KALAIYARASAN
CMP No.16989 of 2017
IN CMA.2896/2017
1 ROYAL SUNDARAM ALLIANCE INS [ PETITIONER ] CO LTD, NO.21, PATTULLOS ROAD, CH-2
Vs
1 RAJAMMAL [ RESPONDENT ]
2 S.DURAISAMY
3 MINOR S.MYTHILI D/O LATE SUBRAMANIYAM, MINOR REP BY HER MOTHER RAJAMMAL
4 E.SARAVANAN
5 A.PONNUSAMY
6 S.SARULATHA
7 THE ORIENTAL INS CO LTD A.A. COMPLEX, 1ST FLOOR, NO.159, KUMARAN ROAD, TIRUPUR-641601
Respondents 4 to 6 remained exparte and notice dispensed with for them.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order dispensing with the certified copy of the common judgement filed in CMA SR NO.63966/2017 against MCOP NO.158/2012 & permitting the same to be used in the above connected CMA SR NO.64798/2017 against MCOP NO.202/2012 (in CMP No.16989 of 2017)
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.KRISHNAMOORTHY, Advocate for the petitioner and of on behalf of the Respondents the court
made the following order:-
(Order of the Court was made by A.SELVAM,J)
This petition has been filed praying to dispense with the common order passed in M.C.O.P.Nos.158 and 202 of 2012.
2.Considering the averments made in the petition, this petition can be allowed.
In fine, this petition is allowed.
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
C.C. to M/S.M.KRISHNAMOORTHY Advocate on payment of necessary charges
The Government Advocate, High Court, Madras - 104.
Order
in
CMP.16989/2017
in
CMA.2896/2017
Date :03/10/2017
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (06/10/2017)
1 issue framed by the court
Whether a petitioner can be dispensed with the filing of a certified copy of a common judgment for use in connected appeals.
ROYAL SUNDARAM ALLIANCE INS CO LTD
RAJAMMAL
S.DURAISAMY
S.MYTHILI
E.SARAVANAN
A.PONNUSAMY
A. SELVAM
P. KALAIYARASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
