Disposed

National Insurance Company Ltd. v. Dhanushkodi Athithan

Madras HC28 Oct 2024CMA(MD)/363/2019

Case brief

AI extract

What is this about?

Insurance company's civil miscellaneous appeals against motor accident compensation awards were listed 'for being mentioned' to correct an arithmetical error in the judgment dated 28.10.2024 regarding loss of income during the treatment period.

What did the court decide?

Registry directed to correct the typographical/arithmetical error in the judgment dated 28.10.2024 and issue fresh copies free of cost; insurer directed to deposit the award amount within three weeks.

National Insurance Company Ltd. Vs Dhanushkodi Athithan — Motor Accident Claims | Madras HC (2024)

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C.M.A(MD)No.363 to 365, 479 & 480 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.01.2026

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CORAM:

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THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN

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C.M.A(MD)Nos.363 to 365, 479 and 480 of 2019 and C.M.P.(MD).Nos.4512 to 4514 of 2019

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C.M.A.(MD).No.363 of 2019:

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National Insurance Company Limited Through its Divisional Manager, No.37.C, S.N.High Road, Opposite to Head Post Office, Tirunelveli.

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... Appellant/ 2^nd Respondent

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Vs.

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1.Dhanushkodi Athithan ... 1^st Respondent /Petitioner 2.Madasamy ... 2^nd Respondent/1^st Respondent 3.Anusha Devi ... 3^rd Respondent /3^rd Respondent 4.Akilan ... 4^th Respondent /4^th Respondent

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

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C.M.A(MD)No.363 to 365, 479 & 480 of 2019

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PRAYER: Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988 to set aside the fair and Decreetal order made in M.C.O.P.No.207 of 2008 dated 06.01.2018, on the file of the Motor Accident Claims Tribunal, I Additional District and Sessions Court, Tirunelveli.

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C.M.A.(MD).No.364 of 2019:

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National Insurance Company Limited Through its Divisional Manager, No.37.C, S.N.High Road, Opposite to Head Post Office, Tirunelveli.

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... Appellant/ 2^nd Respondent

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Vs.

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1.Dhanushkodi Athithan 2.Dhanush Mageshi 3.Anusha Devi 4.Dhanesh Athithan 5.Madasmy

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... Respondents

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PRAYER: Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988 to set aside the fair and Decreetal order made in M.C.O.P.No.318 of 2008 dated 06.01.2018, on the file of the Motor Accident Claims Tribunal, I Additional District and Sessions Court, Tirunelveli.

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

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C.M.A(MD)No.363 to 365, 479 & 480 of 2019

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C.M.A.(MD).No.365 of 2019:

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National Insurance Company Limited Through its Divisional Manager, No.37.C, S.N.High Road, Opposite to Head Post Office, Tirunelveli.

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... Appellant/ 2^nd Respondent

Vs.

1.Akilan

2.Madasamy

3.Anush Devi

...Respondents

PRAYER: Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988 to set aside the fair and Decreetal order made in M.C.O.P.No.335 of 2008 dated 06.01.2018, on the file of the Motor Accident Claims Tribunal, I Additional District and Sessions Court, Tirunelveli.

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C.M.A.(MD).No.479 of 2019:

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Dhanushikodi Athithan ... Appellant

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Vs.

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1.Madasamy

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2.National Insurance Company Limited Through its Divisional Manager, No.37.C, S.N.High Road, Opposite to Head Post Office, Tirunelveli.

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

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C.M.A(MD)No.363 to 365, 479 & 480 of 2019

3.Anush Devi

4.Akilan

... Respondents

C.M.A.(MD).No.480 of 2019:

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1.Dhanushikodi Athithan 2.Dhanusha Magesh 3.Anusha Devi 4.Dhansh Athithan

... Appellants

Vs.

1.Madasamy

2.National Insurance Company Limited Through its Divisional Manager, No.37.C, S.N.High Road, Opposite to Head Post Office, Tirunelveli.

... Respondents

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

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C.M.A(MD)No.363 to 365, 479 & 480 of 2019

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Tirunelveli.

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Accident Claims Tribunal, I Additional District and Sessions Court, Tirunelveli.

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C.M.A(MD)Nos.363 to 365, 479 and 480 of 2019:

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For Appellant : Mr.Murali

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For Respondents : Mr.G.Prabhu Rajadurai for R1 to R4 in C.M.A.(MD).Nos.363 & 364/2019

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: No appearance for R1 & R3 in C.M.A.(MD).No.365/2019

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: Mr.J.S.Murali, for R2 in C.M.A.(MD).No.479 & 480/2019

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COMMON ORDER

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[Judgment of the Court was made by DR.G.JAYACHANDRAN .J.]

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Since there is some arithmetical error while passing the judgment

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in the present civil miscellaneous appeals, the appeals are listed today under the caption 'for being mentioned'.

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2.We find that at para No.20 of the judgment dated 28.10.2024,

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under the head 'loss of income during the treatment period', instead of Rs.35,80,002/- (Rupees Thirty Five Lakhs Eighty Thousand and Two 5

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

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C.M.A(MD)No.363 to 365, 479 & 480 of 2019

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Rupees only), it has been wrongly typed as Rs.38,80,002/-. Therefore, the total, which should be Rs.1,57,67,002/- has been wrongly typed as Rs.1,60,67,002/- at para Nos.20, 22 and 23 of the order dated 28.10.2024.

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3.This error has been pointed out by the learned counsel appearing

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for the Insurance Company and after notice, the learned counsel for the claimants also concedes with the same.

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4.Hence, the Registry is directed to carry out necessary correction

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in the judgment dated 28.10.2024 and issue fresh order copy to the parties concerned at free of costs.

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5.The insurance Company is directed to deposit the entire award amount as directed vide judgment dated 28.10.2024 within a period of three weeks from the date of receipt of a copy of this order.

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[G.J.J.,] [K.K.R.K.J.,] 19.01.2026 Index :Yes/No Internet :Yes/No ta

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Note: Issue order copy on 21.01.2026.

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

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C.M.A(MD)No.363 to 365, 479 & 480 of 2019

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1.The I Additional District and Sessions Judge, Motor Accident Claims Tribunal, Tirunelveli.

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2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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

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C.M.A(MD)No.363 to 365, 479 & 480 of 2019

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DR.G.JAYACHANDRAN.J., and K.K. RAMAKRISHNAN.J.,

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C.M.A(MD)Nos.363 to 365, 479 and 480 of 2019

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19.01.2026

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

National Insurance Company Ltd. v. Dhanushkodi Athithan

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd. v. Dhanushkodi Athithan

Case brief

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What did the court decide?

What the court decided

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