Madras High Court
Royal Sundaram Alliance ... vs Malliga on 9 February, 2021
C.M.A.Nos.3160 and
3161 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
CORAM:
THE HON'BLE Mr.JUSTICE D.KRISHNAKUMAR
C.M.A.Nos.3160 and 3161 of 2012
and
M.P.Nos.1 & 1 of 2012, 1 & 1 of 2015
CMA.No.3160 of 2012 ::
Royal Sundaram Alliance Insurance Co. Ltd.,
46, Whites Road, Chennai – 600 014.
... Appellant
..vs..
1.Malliga
2.Minor Jayapriya
3.Minor Amudhavalli
4.Minor Sasikala
[Minors 2 to 4 rep. by mother & NF 1st respondent Malliga]
... Respondents
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C.M.A.Nos.3160 and
3161 of 2012
PRAYER in CMA.No.3160 of 2012 :: Appeal filed under Section 173
of the Motor Vehicles Act, 1988, against the judgment and decree in
MCOP.No.816 of 2004, dated 08.07.2005 on the file of the Motor
Accidents Claims Tribunal, Chief Judicial Magistrate No.1, Dharmapuri
at Krishnagiri.
CMA.No.3161 of 2012 ::
Royal Sundaram Alliance Insurance Co. Ltd.,
46, Whites Road, Chennai – 600 014.
... Appellant
..vs..
1.Rajammal
2.Muniappan
... Respondents
PRAYER in CMA.No.3161 of 2012 :: Appeal filed under Section 173
of the Motor Vehicles Act, 1988, against the judgment and decree in
MCOP.No.817 of 2004, dated 08.07.2005 on the file of the Motor
Accidents Claims Tribunal, Chief Judicial Magistrate No.1, Dharmapuri
at Krishnagiri.
For Appellant : Mr.E.Rajadurai
for Mr.N.Vijaya Raghavan in both the CMAs.
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C.M.A.Nos.3160 and
3161 of 2012
For Respondents : Mr.D.Shivakumarn
for R1 to R4 in CMA.No.3160 of 2012
for R1 and R2 in CMA.No.3161 of 2012
R5 - Notice unserved in CMA.3160 of 2012
R3 – Notice unserved in CMA.3161 of 2012
COMMON JUDGMENT
These Civil Miscellaneous Appeals are filed against the
orders of judgment and decree in MCOP.Nos.816 and 817 of 2004,
dated 08.07.2005 on the file of the Motor Accidents Claims Tribunal,
Chief Judicial Magistrate No.1, Dharmapuri at Krishnagiri.
2. Today when the Civil Miscellaneous Appeals were taken
up for consideration, the learned counsel for the respondents/ claimants
would submit that the entire compensation amount was deposited by the
Insurance Company and the same was withdrawn by the claimants before
granting of interim stay by this court. Therefore, nothing survives for
adjudication in the present appeals and the appeals have become
infructuous.
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C.M.A.Nos.3160 and
3161 of 2012
3. In view of the submission made by the learned counsel for
the respondents/ claimants, these Civil Miscellaneous Appeals are
dismissed as having become infructuous. No costs. Consequently, the
connected miscellaneous petitions are closed.
09.02.2021
dsa
Index : Yes/ No
Internet : Yes/ No
Speaking order/ Non-speaking order
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C.M.A.Nos.3160 and
3161 of 2012
To
1.The Motor Accidents Claims Tribunal,
Chief Judicial Magistrate No.1,
Dharmapuri at Krishnagiri.
2.Royal Sundaram Alliance Insurance Co. Ltd.,
46, Whites Road, Chennai – 600 014.
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C.M.A.Nos.3160 and
3161 of 2012
D.KRISHNAKUMAR, J.,
dsa
C.M.A.Nos.3160 and 3161 of 2012
09.02.2021
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