Madras High Court
The New India Assurance Co. Ltd vs Yasodha on 20 April, 2021
C.M.A.Nos.45 to 53/2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.M.A.Nos.45 to 53/2011 and
M.P.No.1/2011 in all CMAs.
CMA.No.45/2011
The New India Assurance Co. Ltd.
Rep. by its Branch Manager,
No.39-C, Bye Pass Road,
Dharmapuri ... Appellant
Versus
1. Yasodha
2. K.Arumugham ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decree dated 10.06.2010 made in
M.C.O.P.No.606/2006 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Dharmapuri.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.45 to 53/2011
CMA.No.46/2011
The New India Assurance Co. Ltd.
Rep. by its Branch Manager,
No.39-C, Bye Pass Road,
Dharmapuri ... Appellant
Versus
1. Kala
2. K.Arumugham ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decree dated 10.06.2010 made in
M.C.O.P.No.607/2006 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Dharmapuri.
CMA.No.47/2011
The New India Assurance Co. Ltd.
Rep. by its Branch Manager,
No.39-C, Bye Pass Road,
Dharmapuri ... Appellant
Versus
1. Sivakantha
2. K.Arumugham ... Respondents
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.45 to 53/2011
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decree dated 10.06.2010 made in
M.C.O.P.No.608/2006 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Dharmapuri.
CMA.No.48/2011
The New India Assurance Co. Ltd.
Rep. by its Branch Manager,
No.39-C, Bye Pass Road,
Dharmapuri ... Appellant
Versus
1. Chinnasamy
2. K.Arumugham ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decree dated 10.06.2010 made in
M.C.O.P.No.637/2006 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Dharmapuri.
CMA.No.49/2011
The New India Assurance Co. Ltd.
Rep. by its Branch Manager,
No.39-C, Bye Pass Road,
Dharmapuri ... Appellant
Versus
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.45 to 53/2011
1. C.Sureshkumar
2. K.Arumugham ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decree dated 10.06.2010 made in
M.C.O.P.No.660/2006 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Dharmapuri.
CMA.No.50/2011
The New India Assurance Co. Ltd.
Rep. by its Branch Manager,
No.39-C, Bye Pass Road,
Dharmapuri ... Appellant
Versus
1. Malar
2. K.Arumugham ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decree dated 10.06.2010 made in
M.C.O.P.No.676/2006 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Dharmapuri.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.45 to 53/2011
CMA.No.51/2011
The New India Assurance Co. Ltd.
Rep. by its Branch Manager,
No.39-C, Bye Pass Road,
Dharmapuri ... Appellant
Versus
1. Chinnathai
2. K.Arumugham ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decree dated 10.06.2010 made in
M.C.O.P.No.767/2006 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Dharmapuri.
CMA.No.52/2011
The New India Assurance Co. Ltd.
Rep. by its Branch Manager,
No.39-C, Bye Pass Road,
Dharmapuri ... Appellant
Versus
1. Ponnazhagi
2. K.Arumugham ... Respondents
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.45 to 53/2011
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decree dated 10.06.2010 made in
M.C.O.P.No.769/2006 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Dharmapuri.
CMA.No.53/2011
The New India Assurance Co. Ltd.
Rep. by its Branch Manager,
No.39-C, Bye Pass Road,
Dharmapuri ... Appellant
Versus
1. Vasantha
2. K.Arumugham ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decree dated 10.06.2010 made in
M.C.O.P.No.770/2006 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Dharmapuri.
For Appellant : Mr.E.Rajamani
in all CMAs. for Mr.N.Vijayaraghavan
For Respondents in
all CMAs. : ...
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.45 to 53/2011
COMMON JUDGMENT
All these Civil Miscellaneous Appeals are arising out of a Common
Order dated 10.06.2010 made in MCOP.Nos.606, 607, 608, 637, 660, 676,
767, 769 and 770/2006 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Dharmapuri.
2. The case of the claimants is that on 10.12.2005 afternoon at
about 1.00 p.m., when all of them were travelling in a Mini Door Auto from
Athimarathur to Ponnagaram, due to the rash and negligent driving of the
same by the driver of the said Auto, the vehicle itself was capsized and all
the claimants have sustained injuries. Immediately, all were taken to the
Government Hospital, Dharmapuri and they were treated as in-patients.
3. In all the Claim Petitions, they were awarded very meagre
amounts and as such, this Court finds no infirmity or illegality in the
Common Award passed by the Tribunal. Therefore, all the Civil
Miscellaneous Appeals fail and the same are accordingly dismissed.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.45 to 53/2011
G.K.ILANTHIRAIYAN, J.
tsi
Consequently, Connected Miscellaneous Petitions are also dismissed. There
shall be no order as to costs.
20.04.2021
Index:Yes/No
Internet: Yes/no
Speaking/Non-speaking Order
tsi
To
1.The Motor Accident Claims Tribunal,
Additional District Court, Dharmapuri.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
C.M.A.Nos.45 to 53/2011
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.45 to 53/2011
20.04.2021
https://www.mhc.tn.gov.in/judis/
