Dismissed

The National Insurance v. Chandrasekaran

Madras HC24 Feb 2021CMA/2024/2009

Case brief

AI extract

What is this about?

This Court dismissed a Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988, filed by an insurance company against a judgment and decree of the Motor Accidents Claims Tribunal, Pollachi.

What did the court decide?

The judgment and decree of the Motor Accidents Claims Tribunal, Pollachi, dated 24.10.2008, made in M.C.O.P.No.114 of 2005, is confirmed. No order as to costs.

The National Insurance Vs Chandrasekaran — Motor Accident Claims | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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WEDNESDAY, THE TWENTY FOURTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE

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PRESENT

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 THE HONOURABLE MR.JUSTICED.KRISHNA KUMAR

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C.M.A.NO.2024 OF 2009

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The National Insurance Company Limited,
Divisional Office at No.11,

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Sakthi Road, Lalbagh Mission Road,
Bangalore – 560 027.

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... Appellant/Respondent

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Vs.

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1.Chandrasekaran S/o. Chokkalinga Gounder

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2.Minor Jothi prakash S/o. Chandrasekaran

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3.Minor Hariprakash S/o. Chandrasekaran

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[2nd and 3rd minor petitioners represented
by Natural guardian father Chandrasekaran]

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4.Kantharaj S/o.Mabnickaraj

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5.Mrs.Meera Suresh

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6.The Managing Director,

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 Tamil Nadu State Transport Corporation Ltd.,
 No.12, Ramakrishna Road,

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 Salem.

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7.P.Easwaran S/o.Palaniappan,

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8.P.Rajagopalan S/o.Palani Asari,

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... Respondents/Petitioners

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PRAYER: Civil Miscellaneous Appeal filed under Section 173 of
the Motor Vehicles Act, 1988, to set aside the judgment and
Decree dated 24.10.2008 made in M.A.C.T.O.P.No.114 of 2005 on
the file of the Motor Accidents Claims Tribunal, Pollachi (Motor
Accidents Claims Tribunal cum Subordinate Judge of Pollachi).

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Decree: This Civil Miscellaneous Appeal coming on for hearing
on this day upon perusing the Grounds of Appeal, the order of
the Lower Court, and the records in the case and upon hearing
the arguments of Mr.S.Vadivel, Advocate for the Appellant, and
Mr.D.Raghu, Advocate for the Respondent Six and Respondents 1,
2, 3, 5, 7 & 8 non appeared either in person or by Advocate and
inrespect of Fourth Respondent steps not having been taken to
serve notice and this Court while dismissing the Civil
Miscellaneous Appeal, doth order and decree as follows:-

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i) that the Judgment and Decree of the Motor Accidents
Claims Tribunal, Pollachi (Motor Accidents Claims Tribunal cum
Subordinate Judge of Pollachi), made in M.C.O.P.No.114 of 2005,
dated 24.10.2008 is confirmed and this Civil Miscellaneous
Appeal be and hereby stands dismissed and;

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ii) that there be no order as to costs in the Civil
Miscellaneous Appeal.

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Sd/-

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Assistant Registrar(CS-III)

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// True Copy //

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Sub Assistant Registrar

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To

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 The Motor Accidents Claims Tribunal, Pollachi

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( Motor Accidents Claims Tribunal cum Subordinate Judge of Pollachi)

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Copy To

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 The Section Officer,
 V.R.Section, High Court,
 Madras-104.

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+1cc to Mr.S.Vadivel, Advocate, S.R.No.11293

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+1cc to Mr.D.Raghu, Advocate, S.R.No.11364

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DATED:24/02/2021

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DECREE:

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C.M.A.No.2024 of 2009

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DismissingtheCivil
Miscellaneous Appeal preferred
against the judgment and Decree
dated24.10.2008madein
M.C.O.P.No.114 of 2005 on the
file of the Motor Accidents
Claims Tribunal, Pollachi (Motor
Accidents Claims Tribunal cum
Subordinate Judge of Pollachi)
etc., as stated therein.

¶41

SSN(CO)
RLP(13/09/2021)

The National Insurance v. Chandrasekaran

Case brief

What is this about?

What did the court decide?

The National Insurance v. Chandrasekaran

Case brief

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