Dismissed

M/S.the New India Assurance Co. v. Rajalakshmi

Madras HC16 Oct 2023CMA(MD)/418/2012

Case brief

AI extract

What is this about?

Appeal by insurance companies against an MT's award in a motor accident case dismissed. Court declined interference with the Tribunal's award, confirmed it, and ordered the appellant to deposit the compensation amount with interest.

What did the court decide?

Appellant directed to deposit compensation amount with interest and costs within eight weeks; connected miscellaneous petition closed.

M/S.the New India Assurance Co. Vs Rajalakshmi — Motor Accident Claims | Madras HC (2023)

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C.M.A.(MD)No.418 of 2012

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 16.10.2023

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CORAM:

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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C.M.A.(MD)No.418 of 2012

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and

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M.P.(MD)No.1 of 2012

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M/s.The New India Assurance Company Limited, Pillars Gate, Opposite to Anna Stadium, Nagarcoil, Kanyakumari District. Rep. by its Branch Manager.

... Appellant

Vs.

1.Rajalakshmi

2.Rama Mani

3.Usha Rani

4.V.Sudha

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5.H.Ramachandran

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6.R.Prasanth

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1/5 https://www.mhc.tn.gov.in/judis

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C.M.A.(MD)No.418 of 2012

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7.M/s.Reliance General Insurance Company Ltd., Vazhuthacad, Opposite to Women's College, Trivandrum-14. Rep. by its Branch Manager.

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8.C.Charles

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9.V.Sahaya Carmel Rajan

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... Respondents

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PRAYER: Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988, against the award dated 03.11.2011 and made in M.C.O.P.No.324 of 2009 on the file of the Motor Accidents Claims Tribunal, Additional District Court, II Additional Sub Court, Nagarcoil.

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For Appellant : Mr.K.Murugesan For R-1 to R-3 : Mr.M.P.Senthil For R-7 : Mr.V.Sakthivel For R-9 : Mr.A.John Vincent For R-5, R-6 & R-8 : No appearance

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2/5 https://www.mhc.tn.gov.in/judis

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C.M.A.(MD)No.418 of 2012

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JUDGMENT

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The present Civil Miscellaneous Appeal is filed, against the award dated 03.11.2011 and made in M.C.O.P.No.324 of 2009 on the file of the Motor Accidents Claims Tribunal, Additional District Court, II Additional Sub Court, Nagarcoil.

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2.Heard the learned Counsel appearing for the appellant, the learned Counsel appearing for the respondents and perused the materials available on record.

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This Court is of the considered opinion not to interfere with the award passed by the tribunal in accordance with law. Hence, the award of the tribunal is hereby confirmed. In view of the same, the appellant is directed to deposit the entire compensation amount as awarded by the Tribunal with accrued interest and costs to the credit of M.C.O.P.No.324 of 2009 on the file of the Motor Accidents Claims Tribunal, Additional District Court, II Additional Sub Court, Nagarcoil within a period of eight weeks (8) from the date of receipt of copy of this judgment, less the

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3/5 https://www.mhc.tn.gov.in/judis

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C.M.A.(MD)No.418 of 2012

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amount, if any already deposited. On such deposit, the claimants are permitted to withdraw the said amount, less the amount, if any already withdrawn, by making necessary application before the Tribunal.

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With these observations and directions, this Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

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16.10.2023

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NCC : Yes / No Index : Yes / No Internet : Yes Sml

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1.The Motor Accident Claims Tribunal, Additional District Court, II Additional Sub Court, Nagarcoil.

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Copy to

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The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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4/5 https://www.mhc.tn.gov.in/judis

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C.M.A.(MD)No.418 of 2012

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L.VICTORIA GOWRI, J.,

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Sml

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C.M.A.(MD)No.418 of 2012

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16.10.2023

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5/5 https://www.mhc.tn.gov.in/judis

M/S.the New India Assurance Co. v. Rajalakshmi

Case brief

What is this about?

What did the court decide?

M/S.the New India Assurance Co. v. Rajalakshmi

Case brief

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What did the court decide?

What the court decided

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