Branch Manager vs Rajammal (Died)
2024 Latest Caselaw 14895 Mad

Madras High Court

Branch Manager vs Rajammal (Died) on 1 August, 2024

                                                                              C.M.A(MD)No.944 of 2024


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                Dated : 01.08.2024

                                                     CORAM

                                  THE HONOURABLE MRS.JUSTICE G. ILANGOVAN

                                           C.M.A(MD)No.944 of 2024
                                                    and
                                           C.M.P(MD)No.9974 of 2024


                    Branch Manager,
                    United India Insurance Company Limited,
                    Robin Complex, 2nd Floor,
                    Nagercoil Road,
                    Monday Market - 629 802.                ... Appellant / 2nd Respondent


                                                        Vs


                    Rajammal (Died)

                    1.Minor.Indhuja

                    (Minor 1st respondent represented by her
                    Grandmother and next friend Mangalam)      ... 1st respondent / 2nd Petitioner

                    2.Saraswathi                               ... 2nd respondent / 3rd Petitioner

                    3.Aruljagan                                ... 3rd respondent / 1st Respondent




                    1/5

https://www.mhc.tn.gov.in/judis
                                                                                 C.M.A(MD)No.944 of 2024




                    PRAYER :-

                                  This Civil Miscellaneous Appeal is filed under Section 173 of the
                    Motor Vehicles Act to set aside the judgment and decree dated 28.02.2023
                    passed in M.C.O.P.No.236 of 2014 on the file of Motor Accidents Claims
                    Tribunal and Sub Court, Valliyur.


                                      For Appellants    : Mr.I.Suthakaran


                                                        JUDGMENT

This Civil Miscellaneous Appeal is filed to set aside the judgment and

decree dated 28.02.2023 passed in M.C.O.P.No.236 of 2014 on the file of

Motor Accidents Claims Tribunal and Sub Court, Valliyur.

2. Learned counsel for the appellant would submit that M.C.O.P.No.

1668 of 2018 was filed by one Saraswathi, the mother of the deceased and the

daughter of the deceased namely minor.Indhuja, before the Motor Accident

Claims Tribunal, Tirunelveli. It was ordered and an award dated 23.09.2021

was passed. Pending that matter, Rajammal, the wife of the deceased and

minor Indhuja along with Saraswathi have filed the present petition in

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

M.C.O.P.No.236 of 2014 before the Motor Accident Claims Tribunal / Sub

Court, Valliyoor and that has been ordered. Against which this Civil

Miscellaneous Appeal has been preferred.

3. It is further submitted that in compliance of the award dated

23.09.2021, passed in M.C.O.P.No.1668 of 2018, the entire amount was

deposited before the Tribunal and the same was withdrawn by the claimants

on 25.11.2021. There was no appeal against the said award. That was not

brought to the notice of the learned Subordinate Judge, Vallioor, while

passing the present award in M.C.O.P.No.236 of 2014. So notice to the

respondent are dispensed.

4. In view of the double claim, the award dated 28.02.2023 passed in

M.C.O.P.No.236 of 2014 by the Motor Accidents Claims Tribunal /

Subordinate Judge, Valliyur, is liable to be set aside and the same is set aside.

5. Accordingly, this Civil Miscellaneous Appeal stands allowed. No

costs. Consequently, connected miscellaneous petition stands closed.

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

01.08.2024 NCC : Yes / No Index: Yes / No Internet : Yes / No pnn

To

1.The Motor Accidents Claims Tribunal and Sub Court, Valliyur.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

G. ILANGOVAN, J pnn

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

and

01.08.2024

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