Dismissed

Murugan v. Mayilsamy

Madras HC26 Nov 2024CMA/156/2020

Case brief

AI extract

What is this about?

In a motor accident compensation appeal seeking enhancement of the tribunal award, the appellant's counsel sought leave to withdraw the appeal with an endorsement. The High Court dismissed the appeal as withdrawn with liberty to pursue a Workmen's Compensation Act claim and exclusion of pending periods for limitation.

What did the court decide?

Appeal dismissed as withdrawn; liberty to file Workmen's Compensation Act claim with limitation exclusion for pendency period.

Murugan Vs Mayilsamy — Motor Accident Claims | Madras HC (2024)

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C.M.A.No.156 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.11.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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C.M.A.No.156 of 2020

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Murugan ... Appellant

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Vs.

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1.Mayilsamy

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2.Sriram General Insurance Company Limited, No.E-8, Rikko Industrial Area, Chithapura, Jaipur, Rajasthan-302 022. ... Respondents

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PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 12.09.2019 passed in M.C.O.P.No.648 of 2017 on the file of the Motor Accident Claims Tribunal cum Special Sub Judge, Krishnagiri and enhance the award amount and direct the second respondent to pay the award amount to the claimant.

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For Appellant : Mr.M.Selvam For Respondents : R1-Dismissed vide order dated 05.01.2024 Mrs.R.Sreevidhya for R2

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_________ Page 1 of 4

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

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C.M.A.No.156 of 2020

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J U D G M E N T

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When the matter is taken up for hearing, the learned counsel

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appearing for the appellant seeks permission of this Court to withdraw this

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appeal and has also made an endorsement to that effect.

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2. Recording the submission made by the learned counsel appearing for the appellant, this Civil Miscellaneous Appeal is dismissed as withdrawn with liberty to the appellant to file a claim petition under the Workmen's Compensation Act and the period during which the claim petition was pending before the Motor Accident Claims Tribunal cum Special Sub Court, Krishnagiri, and this appeal is pending before this Court is to be excluded for the purpose of limitation. There shall be no order as to costs.

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26.11.2024

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NCC : Yes / No Index : Yes / No Speaking Order : Yes / No ssb

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_________ Page 2 of 4

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

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C.M.A.No.156 of 2020

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The Motor Accidents Claims Tribunal, Special Sub Court-II, Motor Claims Petitions, Court of Small Causes, Chennai.

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

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Page 3 of 4

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

C.M.A.No.156 of 2020

M.DHANDAPANI, J.

ssb

C.M.A.No.156 of 2020

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26.11.2024

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_________ Page 4 of 4

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

Murugan v. Mayilsamy

Case brief

What is this about?

What did the court decide?

Murugan v. Mayilsamy

Case brief

What is this about?

What did the court decide?

What the court decided

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