Allowed

N.Jeyakumar v. M.Subramanian

Madras HC11 Feb 2022CMA(MD)/872/2012

Case brief

AI extract

What is this about?

This judgment allowed two civil miscellaneous appeals filed under Section 173 of the Motor Vehicles Act, 1988. The Madras High Court, Madurai Bench, set aside the award by the Motor Accident Claims Tribunal and dismissed the claim petition, holding claimants were not entitled to any compensation.

What did the court decide?

The award dated 30.09.2011 in MCOP No.262 of 2005 was set aside; the claim petition was dismissed.

N.Jeyakumar Vs M.Subramanian — Motor Accident Claims | Madras HC (2022)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction)

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Friday, the Eleventh day of February Two Thousand Twenty Two

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PRESENT

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The Hon`ble Mrs.Justice R.THARANI

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CMA(MD). No.872 of 2012 and CMA(MD) No.1145 of 2012 CMA(MD) No.872 of 2012

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N.JEYAKUMAR, S/O.NARAYANASAMY NO.142-C MAIN ROAD , SETHUR RAJAPALAYAM TALUK.. .. Appellant / 2^nd Respondent

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.. Vs. ..

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1.M.Subramanian S/o.Madasamy Nadar, No.144,

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Paradesi Oorani Street, Sethur, Rajapalayam Taluk.

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.. 1^st Respondent / Petitioner

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2.Ramasamy S/o.Perumal, No.814, Desikapuram, Sozhapuram, Rajapalayam Taluk .. 2^nd Respondent / 1^st Respondent 3. New India Assurance Co Ltd Rajapalayam Town. .. 3^rd Respondent / 3^rd Respondent CMA(MD) No.1145 of 2012

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Ramasamy S/o.Perumal 8/4,Desigapuram Chozhapuram, Rajapalayam Taluk ... Appellant / 1^st Respondent

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Vs. - 1. M.Subramanian S/o.Madasamy Thevar 144,Paradeshi Oorani Street Seithur(Post) Rajapalayam Taluk ...1^st & 2^nd Respondent / Claimants 2. Thikai Ammal W/o.Subramanian 144,Paradeshi Oorani Stret Seithur(Post) Rajapalayam Taluk

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N.Jeyakumar S/o.Narayanasamy 141-C Main Road Seithur Post Rajapalayam Taluk

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https://hcservices.ecourts.gov.in/hcservices/ 4. New India Assurance Company Through its Divisional Manager

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1/3

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402,Tenkasi Road Rajapalayam

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...3^rd & 4^th Respondents / 2^nd & 3^rd Respondent

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Common Prayer:-

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These Civil Miscellaneous Appeals are filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award dated 30.09.2011 made in MCOP No.262 of 2005 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Virudhunagar District at Srivilliputhur.

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DECREE:-

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These Civil Miscellaneous Appeals having come up for final hearing on Friday the twenty ninth day of October Two thousand and twenty one, 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.SRINIVASA RAGHAVAN, Advocate for the Appellant in CMA(MD) No.872 of 2012 and Advocate for third respondent in CMA(MD) No.1145 of 2012 and of Mr.S.Alagusundar, Advocate for first respondent in CMA(MD)872 of 2012 and for 1^st and 2^nd respondent in CMA(MD) No.1145 of 2012 and of Mr.M.ASHOK KUMAR, Advocate for Appellant in CMA(MD) No.1145 of 2012 and Advocate for second respondent in CMA(MD) No.872 of 2012 and of Mr.B.VIJAY KARTHIKEYAN, Advocate for the third respondent in CMA(MD) No.872 of 2012 and Advocate for fourth respondent in CMA(MD) No.1145 of 2012, while allowing these Appeals, and having stood over for consideration till this date, this Court doth order and decree as follows:-

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(1) That the award dated 30.09.2011 made in MCOP No.262 of 2005 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Virudhunagar District at Srivilliputhur be and is hereby set aside and the CMA(MD) No.872 of 2012 and CMA(MD) No.1145 of 2012 are allowed.

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(2) That the claimants in MCOP No.262 of 2005 shall not entitle to any compensation.

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(3) That the claim petition is dismissed.

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(4) That there be no order as to cost in these Civil Miscellaneous Appeals.

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Assistant Registrar (Cs-II)

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS)

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

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To THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL. VIRUDHUNAGAR DISTRICT, SRIVILLIPUTHUR.

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Copy to:

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The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.B.VIJAY KARTHIKEYAN, Advocate(SR-6089 dated 15/02/2022 ) +1 CC to M/s.V.RAGHAVACHARI, Advocate ( SR-5646 dated 11/02/2022 ) +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-5637 dated 11/02/2022 )

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ORDER DATED : 11/02/2022 ========================== DECREE ========================== CMA(MD). No.872 of 2012 and CMA(MD) No.1145 of 2012 Nature of Decree:- Allowing the Civil Miscellaneous Appeal preferred against the award of the Motor Accident Claims Tribunal, Principal District Judge, Virudhunagar at Srivilliputhur in MCOP No.262 of 2005 dated 30.09.2011 and etc., as stated therein

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KB(10.03.2022) 3P 7C

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

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N.Jeyakumar v. M.Subramanian

Case brief

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N.Jeyakumar v. M.Subramanian

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