Allowed

Cholamandalam Ms General v. a.Backiyam

Madras HC21 Apr 2021CMA(MD)/224/2009

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court allowed a civil miscellaneous appeal challenging a Motor Accidents Claims Tribunal award. The court set aside the insurance company's liability for the quantum while directing the claimants to recover the amount from the vehicle owner independently.

What did the court decide?

Liability of Appellant/Insurance company regarding quantum set aside; Tribunal directed to refund 50% of award to Appellant; Claimants directed to recover award from vehicle owner.

Cholamandalam Ms General Vs a.Backiyam — Motor Accident Claims | Madras HC (2021)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty First day of April Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM

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CMA(MD). No.224 of 2009

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CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED. REP.BY ITS DIVISIONAL MANAGER,

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II FLOOR, ALANKAR BUILDING,

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551 D.B.ROAD, R.S.PURAM, COIMBATORE - 641 002..

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... Appellant/2^nd Respondent

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1 A.BACKIYAM

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2 MINOR.A.KRISHNAN (MINOR 2^nd RESPONDENT REP.BY MOTHER & NATURAL, GUARDIAN, 1ST RESPONDENT HEREIN)

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...1&2 Respondent / 1&2 Claimants

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3 A.THULKARUNI SIKKANDAR

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4 M.SURESH KANNAN ...3&4 Respondents/1&3Respondents

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Prayer:-

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Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 praying this court to set aside the fair and decretal order made in M.C.O.P.No. 153 of 2004, dated 18.08.2008. on the file of the Motor Accidents Claims Tribunal, District Judge, Sivagangai.

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DECREE:-

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This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of MR.S.SRINIVASARAGHAVAN, Advocate for the Appeallant and of MR.P.ATHIMOOLAPANDIAN, Advocate for the 1^st and 2^nd Respondents and of MR.V.GEORGE RAJA, Advocate for the 3^rd Respondent and 4^th Respondent not appearing in person or by an Advocate, this Court while allowing the Civil Miscellaneous Appeal, doth order and decree as follows:-

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(1) That, the liability of the Appellant herein/Insurance company be and hereby is set aside and quantum do stand;

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(2) That the Tribunal below be and hereby is directed to refund https://hcservices.ecourts.gov.in/hcservices/ 50% of the award amount to the Appellant herein/Insurance Company, if already deposited lying to the credit of the claim petition;

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(3) That the 1^st and 2^nd Respondents herein/Claimants shall recover the award amount from the owner of the vehicle by following due process of law; and

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(4) That there be no costs in this Civil Miscellaneous Appeal.

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Assistant Registrar (CS III)

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// True Copy //

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/ /2021

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Sub Assistant Registrar(CS)

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The Motor Accidents Claims Tribunal, District Judge, Sivagangai.

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Copy to: The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-17097 dated 22/04/2021 )

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+1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-17118 dated 22/04/2021 )

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ORDER DATED : 21/04/2021

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========================== DECREE (1/2) ========================== CMA(MD). No.224 of 2009 Nature of Decree:- Allowing the Civil Miscellaneous Appeal preferred against the fair and decretal order made in M.C.O.P.No.153 of 2004, dated 18.08.2008. on the file of the Motor Accidents Claims Tribunal, District Judge, Sivagangai, as stated with in.

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KK(02.06.2021) 2P 6C

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

Cholamandalam Ms General v. a.Backiyam

Case brief

What is this about?

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Cholamandalam Ms General v. a.Backiyam

Case brief

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