A.Ismail v. K.Assan
Case brief
What is this about?
The High Court of Judicature at Madras dismissed the appeal against the Tribunal's order. The Tribunal held that the appeal was barred by res judicata as the final claim petition for the same accident was dismissed for default. No compensation was awarded.
What did the court decide?
None. The Civil Miscellaneous Appeal was dismissed and the Judgment and Decree of the Tribunal were confirmed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date of Reserving Judgment Date of Pronouncing Judgment 03.04.2019 09.08.2019
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN C.M.A.No.3718 of 2010
A.Ismail
...Appellant
Vs.
1.K.Assan
2.A.K.Yesmail
3.The New India Assurance Company Ltd.,
1 st Floor, State Bank of Mysore Building,
No.44 – 47, Oppanakara Street,
Coimbatore 641 001.
4.Chandrasekar
5.Ponnusamy
6.United India Insurance Company Ltd.,
No.2, Dr.Sankaran Road,
Namakkal.
...Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree passed in M.C.O.P.No.4 of 2007 on the file of the Motor Accident Claim Tribunal and Chief Judicial Magistrate, Coimbatore dated 19.01.2009 and to set aside the same.
For Appellant : Mr.S.Gunalan For Respondent 6 : Mr.S.Arun Kumar For Respondent 3 : Mr.M.Krishnamoorthy For Respondents 1, 2, 4, 5: Notice Dispensed with
Issues for consideration
2 issues framed by the court
Whether the civil miscellaneous appeal filed by the appellant is maintainable despite the dismissal of the earlier claim petition for default.
Whether the doctrine of res judicata applies to prevent the filing of a fresh claim petition after multiple dismissals for procedural defaults.
Parties & counsel
- appellant
A.Ismail
- respondent
K.Assan
- respondent
A.K.Yesmail
- respondent
The New India Assurance Company Ltd.
- respondent
Chandrasekar
- respondent
Case details
As recorded by the court registry
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