The Madras High Court allowed a Civil Miscellaneous petition filed to dispense with the production of the certified copy of an impugned judgment from the Motor Accident Claims Tribunal, relying on an affidavit and hearing counsel.
Petition allowed; production of certified copy of the original impugned judgment dispensed with.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD) No.17097 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Sixth day of December Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE R. KALAIMATHI
CMP(MD) No.17097 of 2024 in CMA(MD)SR.No.40435 of 2024
1 P.THIRAVIYARAJ
2 T.MADHAVI ... PETITIONERS/APPELLANTS/PETITIONERS
Vs
1 D.MARIYAAPPAN
2 BRANCH MANAGER CHOLAMANDALAM MS, GENERAL INSURANCE COMPANY LIMITED, DOOR NO.10, 1ST FLOOR, THIRUVANANDHAPURAM ROAD, PALAYAMKOTTAI,
TIRUNELVELI DISTRICT. ... RESPONDENTS/RESPONDENTS/RESPONDENTS
Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to dispense with production of impugned judgment in M.A.C.O.P.No.361 of 2020 dated 09.10.2023 on the file of the Motor Accident Claims Tribunal (3rd Additional District Judge) Tirunelveli.
PRAYER in CMA(MD)SR.No.40435 of 2024:
To set aside the Judgment passed in M.A.C.O.P.No.361 of 2020 dated
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CMP(MD) No.17097 of 2024
09.10.2023 on the file of the Motor Accident Claims Tribunal(III Additional District Judge)Tirunelveli and enhance the award amount of Rs.12,17,000/- and allow the appeal.
ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.AAYIRAM.K.SELVAKUMAR, Advocate for the petitioner and of M/s.K.R.SHIVASHANKARI, Advocate on behalf of the 2nd Respondent, the Court made the following order:-
This petition is filed to dispense with the production of the certified copy of the original impugned judgment.
petition, this petition is allowed and the production of the certified copy of the original impugned judgment is dispensed with.
/ TRUE COPY /
/12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
CSM
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CMP(MD) No.17097 of 2024
TO
THE III ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.
ORDER IN CMP(MD) No.17097 of 2024 in CMA(MD)SR.No.40435 of 2024 Date :06/12/2024
SS/GSV/SAR- /17/12/2024/ 3P/2C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether to dispense with production of certified copy of impugned judgment in Civil Miscellaneous Petition.
P. THIRAVIYARAJ
T. MADHAVI
D. MARIYAAPPAN
BRANCH MANAGER CHOLAMANDALAM MS, GENERAL INSURANCE COMPANY LIMITED
R. KALAIMATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
