Dismissed

Icici Lombard Motor v. B.Stalin John Manual

Madras HC14 Jul 2021CMA/2141/2015

Case brief

AI extract

What is this about?

The Single Judge of the Madras High Court heard an appeal under Section 173 of the Motor Vehicles Act against a Motor Accidents Claims Tribunal award. The court confirmed the Tribunal's earlier decision, dismissed the appeal, and directed the immediate transfer of the balance award amount to the claimants' bank accounts.

What did the court decide?

The Tribunal directed to transfer balance award to claimants' bank accounts via RTGS within two weeks; no costs to appellant.

Icici Lombard Motor Vs B.Stalin John Manual — Motor Accident Claims | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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WEDNESDAY THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

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Civil Miscellaneous Appeal No.2141 of 2015

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ICICI Lombard Motor Insurance Co Ltd., 1^st Floor, Arinichant Plaza 84/85, Wall Tax Road, Chennai-3. ...Appellant/2^nd Respondent Vs

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1.B.Stalin John Manual 2.B.Prince Abraham 3.Anni Christy 4.Bill Graham ...Respondents 1 to 3/Petitioner & 4^th Respondent/1^st Respondent

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Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 05.1.2015 made in MCOP.No.2045 of 2011 on the file of the Motor Accidents Claims Tribunal (IV Court of Small Causes), Chennai.

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Decree : This Civil Miscellaneous Appeal coming on for hearing upon perusing the grounds of Appeal, the award of the Tribunal below and the material papers in this case and upon hearing the arguments of Mrs.P.T.Ramadevi, Advocate for the Appellant and of Mr.F.Terry Chella Raja, Advocate for Respondents 1 to 3 and 4^th Respondent though served having not appeared either in person or through Advocate, this Court having observed that at the time of admission of this appeals on 23.09.2015 this Court directed the appellant to deposit the entire award amount together with accrued interest within period of eight weeks(8) from the date of receipt of a copy of that order and by Subsequently dated 16.03.2016 in CMP No.4697 of 2016 and also permitted the claimants to withdraw 50% of their respective share doth order and decree as follows:

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i) that the judgment and decree dated 05.1.2015 made in MCOP.No.2045 of 2011 on the file of the Motor Accidents Claims Tribunal (IV Court of Small Causes), Chennai be and hereby is confirmed and this Civil Miscellaneous Appeal is dismissed;

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https://hcservices.ecourts.gov.in/hcservices/

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ii) that the Tribunal be and hereby is directed to transfer the balance award amount lying to the credit of MCOP No.2045 of 2011 on the file of Motor Accidents Claims Tribunal (IV Court of Small Causes), Chennai directly to the respective bank accounts of the respondents 1 to 3 herein/claimants as apportioned by the Tribunal through RTGS within a period of two weeks from the date of receipt of a copy of this judgment.

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iii) that there be no costs in this Civil Miscellaneous Appeal.

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Sd/-

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Deputy Registrar(Accounts)

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//True copy//

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Sub Assistant Registrar

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The Motor Accidents Claims Tribunal (IV Court of Small Causes), Chennai.

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Copy To

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The Section Officer, VR Section, High Court, Madras.

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+1cc to M/s.M.Malar, Advocate SR.No.33217

DATED : 14/07/2021

DECREE :

CMA.No.2141 of 2015

Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 05.1.2015 made in MCOP.No.2045 of 2011 on the file of the Motor Accidents Claims Tribunal (IV Court of Small Causes), Chennai etc., as stated therein.

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PMK(CO) GMY(18/11/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Icici Lombard Motor v. B.Stalin John Manual

Case brief

What is this about?

What did the court decide?

Icici Lombard Motor v. B.Stalin John Manual

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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