Allowed

Oriental Insurance Co.Ltd., v. S.Chinnaiah

Madras HC22 Dec 2021CMA(MD)/1106/2013

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed an appeal filed under the Motor Vehicles Act, 1988. The court set aside the Tribunal's award and directed the appellant and a co-insurer to pay 50% compensation each with interest to the petitioners/respondents.

What did the court decide?

Award set aside; Appellant and Fourth Respondent to pay 50% compensation each with 7.5% interest within six weeks.

Oriental Insurance Co.Ltd., Vs S.Chinnaiah — Motor Accident Claims | Madras HC (2021)

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CMA(MD)No.1106 of 2013

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

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( Civil Appellate Jurisdiction )

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Wednesday, the Twenty Second day of December Two Thousand and Twenty One

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PRESENT

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The Hon`ble Mrs.Justice S.ANANTHI

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CMA(MD)No.1106 of 2013

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ORIENTAL INSURANCE CO.LTD., REP.BY ITS DIVISIONAL MANAGER, NO.16, NORTH VELI STREET,

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MADURAI-1.

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... APPELLANT/2ND RESPONDENT

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1.S.CHINNAIAH ...1ST RESPONDENT/PETITIONER 2.K.MANI ...2ND RESPONDENT/2ND RESPONDENT 3.MURUGAN ...3RD RESPONDENT/3RD RESPONDENT 4.M/S.ROYAL SUNDARAM ALLIANZ, GENERAL INSURANCE CO.LTD. REP.BY ITS BRANCH MANAGER, MADURAI. ...4TH RESPONDENT/4TH RESPONDENT

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Prayer :- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 16.09.2011 made in MCOP.No.642 of 2006 on the file of the Motor Accident Claims Tribunal, III Additional Sub Judge, Madurai.

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Decree:- This Civil Miscellaneous Appeal came up for final hearing on this day, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers of the case and upon hearing the arguments of Mr.C.Jawahar Ravindran, Advocate for the Appellant and Mr.M.P.Senthil, Advocate for the 1^st Respondent, Respondents 2 to 4 not appeared either in person or by Advocate, doth order and decree as follows:-

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i) That the Judgement and Decree passed in MCOP.No.642 of 2006 on the file of Motor Accident Claims Tribunal, III Additional Sub Judge, Madurai, be and hereby is set aside and this Civil Miscellaneous Appeal is allowed; with a direction mentioned in the judgment herein,

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ii) That the appellant and the fourth respondent be and hereby are https://hcservices.ecourts.gov.in/hcservices/ directed to pay 50% of the compensation each with 7.5% interest

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CMA(MD)No.1106 of 2013

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within six weeks from the date of the receipt of a copy of this Judgement; iii) That there be no costs in this Civil Miscellaneous Appeal. Sd/Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO

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The III Additional Subordinate Judge, Motor Accident Claims Tribunal, Madurai.

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Copy to: The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) +1 CC to M/s.M.P.SENTHIL, Advocate, SR.No.40197

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ORDER DATED : 22/12/2021 ========================== DECREE ========================== CMA(MD)No.1106 of 2013

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Nature of Decree:-Allowed the Civil Miscellaneous Appeal preferred against the III Additional Sub Judge, MACT, Madurai, made in MCOP.No.642 of 2006, dated 16.09.2011.

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RD(11.01.2022) 2P 5C

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

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Oriental Insurance Co.Ltd., v. S.Chinnaiah

Case brief

What is this about?

What did the court decide?

Oriental Insurance Co.Ltd., v. S.Chinnaiah

Case brief

What is this about?

What did the court decide?

What the court decided

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