Shriram General Insurance Co. Ltd vs Sangeetha
2022 Latest Caselaw 14212 Mad

                                                                        C.M.A.No.1375 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 10.08.2022

                                                    CORAM:

                                  THE HONOURABLE MS.JUSTICE V.M.VELUMANI
                                                   and
                                   THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                              C.M.A.No.1375 of 2021
                                            and C.M.P.No.7050 of 2021


                  Shriram General Insurance Co. Ltd.
                  Corporate Office
                  E-8, EPIR, RIICO Industrial Area
                  Sitapura, Jaipur-302 022.                                  ... Appellant


                                                       Vs.

                  1.Sangeetha
                  2.Minor Mogesh
                  3.Minor Movish
                  (Minor respondents 2 and 3 represented by
                  his mother and next friend Sangeetha)
                  4.R.G.T.Kumar
                  5.T.G.Selvam
                  6.Loganathan
                  7.K.Sampath Kumar


                  1/4


https://www.mhc.tn.gov.in/judis
                                                                                  C.M.A.No.1375 of 2021

                  8.Branch Manager
                  Oriental Insurance Company Limited
                  Door No.59, Raja street
                  Gobichettipalayam
                  Erode District.

                  9.Nataraj
                  10.Easwari                                                           ... Respondents
                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
                  Vehicles Act, 1988, against the judgment and decree dated 20.11.2017 made
                  in M.C.O.P.No.498 of 2012 on the file of Motor Accident Claims Tribunal,
                  Sub Court, Sathiyamangalam.
                                               For Appellant      : Mr.S.Dhakshnamoorthy

                                               For R1 to R3       : No appearance
                                               For R4 to R6 & R10 : No appearance

                                               For R8              :   Mr.M.J.Vijayaraaghavan

                                                         JUDGMENT

(Judgment of the Court was delivered by V.M.VELUMANI,J.)

This Civil Miscellaneous Appeal has been filed by the

appellant/Insurance Company against the judgment and decree dated

20.11.2017 made in M.C.O.P.No.498 of 2012 on the file of Motor Accident

Claims Tribunal, Sub Court, Sathiyamangalam.

https://www.mhc.tn.gov.in/judis C.M.A.No.1375 of 2021

2.The learned counsel appearing for the appellant/Insurance Company

submitted that the 8th respondent in the present appeal was set exparte before

the Tribunal and subsequently, pending appeal, 8th respondent filed a petition

to set aside the exparte award. The Tribunal set aside the present impugned

award dated 20.11.2017 and after re-trial, passed an award dated 21.01.2019

in the very same M.C.O.P. Hence, the present appeal challenging the award

dated 20.11.2017 made in M.C.O.P.No.498 of 2012 has become infructuous

and seeks permission of this Court to withdraw the present appeal with liberty

to file fresh appeal challenging the award dated 21.01.2019.

3.In view of the above submissions, this Civil Miscellaneous Appeal is

dismissed with liberty to the appellant to file fresh appeal challenging the

award of the Tribunal dated 21.01.2019. No costs. Consequently, connected

Miscellaneous Petition is closed.

(V.M.V., J) (S.S., J) 10.08.2022

Index : Yes / No kj

https://www.mhc.tn.gov.in/judis C.M.A.No.1375 of 2021

V.M.VELUMANI,J.

and S.SOUNTHAR,J.

kj

To

1.The Subordinate Judge Motor Accident Claims Tribunal Sathiyamangalam.

2.The Section Officer VR Section High Court Madras.

C.M.A.No.1375 of 2021 and C.M.P.No.7050 of 2021

10.08.2022

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