Dismissed

United India Insurance Company Ltd. v. M.Murugesan

Madras HC1 Dec 2023CMA/2612/2021

Case brief

AI extract

What is this about?

This court dismissed a Civil Miscellaneous Appeal filed by an insurance company challenging the compensation quantum awarded by the Motor Accidents Claims Tribunal. The appeal was held infructuous as the High Court had already considered the merits and quantum in a prior connected appeal.

What did the court decide?

Civil Miscellaneous Appeal dismissed as infructuous; connected Miscellaneous Petition closed.

United India Insurance Company Ltd. Vs M.Murugesan — Motor Accident Claims | Madras HC (2023)

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C.M.A.No.2612 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.12.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE K. RAJASEKAR

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C.M.A.No.2612 of 2021

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and

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C.M.P.No.14989 of 2021

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United India Insurance Company Limited, No.2, Bhuvaneswari Complex, Dr.Sankaran Road, Namakkal District - 637 001

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... Appellant

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Vs.

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1.M.Murugesan

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2.S.Balakumar

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3.United India Insurance Company Limited, Muthiah Complex, No.1170, Mettur Road, Erode District - 638 011. (given up)

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… Respondents

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Prayer:

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Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award dated 02.12.2020 made in M.C.O.P.No.179 of 2018 on the file of the Motor Accidents Claims Tribunal(Special District Court) at Erode.

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For Appellant : Mr.D.Bhaskaran For Respondent 1 : M/s.S.P.Yuvaraj For Respondent 2 : No Appearance For Respondent 3 : Given up

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https://www.mhc.tn.gov.in/judis

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1/4

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C.M.A.No.2612 of 2021

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JUDGMENT

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This Civil Miscellaneous Appeal has been filed by the Insurance Company challenging the quantum of compensation awarded in M.C.O.P.No.179 of 2018, dated 02.12.2020, on the file of the Motor Accidents Claims Tribunal (Special District Court), Erode.

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It is reported by the learned counsel for the Insurance Company that

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already the claimant has filed appeal for enhancement of compensation in C.M.A.No.908 of 2021. He further submitted that the Tribunal came to the conclusion that the claimant had contributed negligence to the accident, as he has not worn the helmet at the time of accident. Accordingly, the Tribunal has reduced the compensation to the extent of 15% under the head of contributory negligence. This Court, by the order dated 24.03.2021 in CMA.No.908 of 2021 has considered the merits as well as quantum of compensation so also the negligence point. Under the said order, this Court enhanced the compensation to Rs.2,47,732/-.

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https://www.mhc.tn.gov.in/judis

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2/4

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C.M.A.No.2612 of 2021

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Since this Court has already considered the case on merits, including the liability and quantum of compensation, further adjudication is not necessary in this case and the appeal has become infructuous.

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Accordingly, this Civil Miscellaneous Appeal is dismissed as

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infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed.

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01.12.2023 (1/2)

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rjr Index:Yes/No Speaking Order:Yes/No Neutral Citation Case: Yes/No

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To:

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1.The Special District Judge, The Motor Accidents Claims Tribunal, Erode.

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The Section Officer, V.R. Section, High Court, Chennai.

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K. RAJASEKAR, J.

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https://www.mhc.tn.gov.in/judis

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3/4

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C.M.A.No.2612 of 2021

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rjr

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C.M.A.No.2612 of 2021

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and

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C.M.P.No.14989 of 2021

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01.12.2023

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https://www.mhc.tn.gov.in/judis

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4/4

United India Insurance Company Ltd. v. M.Murugesan

Case brief

What is this about?

What did the court decide?

United India Insurance Company Ltd. v. M.Murugesan

Case brief

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