Madras High Court
M/S.United India Insurance Company ... vs Jayanth on 1 July, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Civil Miscellaneous Appeal No.1380 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Civil Miscellaneous Appeal No.1380 od 2024
and CMP No.12253 of 2024
M/s.United India Insurance Company Limited.,
146-N,Kumar Complex,
Thiruchengode ... Appellant
Vs.
1. Jayanth
2. M/s.MAV Chit Pvt Limited,
AtNo.80,Sastri Salai,
Thinnur, Trichy.
3. Mohankumar
4. Bajaj Alliance General Insurance Co. Ltd.,
Door No.42A,First Floor,
SAR Complex, Sathy salai, Erode.
... Respondents
Civil Miscellaneous Appeal filed under Order XLIII Rule 1 ® of CPC ,
against the award and decree dated 30.03.2022 made in M.C.O.P.No.550
of 2011 on the file of the Motor Accident Claims Tribunal, Sub Court,
Sankari.
1/6
https://www.mhc.tn.gov.in/judis
Civil Miscellaneous Appeal No.1380 of 2024
For Appellant : Mr.S.Arun Kumar
For Respondents : Mr.T.S.Arthanareeswaran
for R1
M/s.J.Michael Visuvasam
for R4
*****
JUDGMENT
This Civil Miscellaneous appeal has been filed by the
Insurance company challenging the award passed by Motor Accident
Claims Tribunal, Sub Court, Sankari in M.C.O.P.No.550 of 2011, dated
30.03.2022.
2. When the matter came up for hearing on 21.06.2024, this
Court passed the following order :-
Mr.T.S.Arthanareeswaran, learned counsel,
takes notice on behalf of first respondent.
2. Notice to respondents 2 and 3 is dispensed with
since they remained ex parte before the Tribunal.
3. Mr.J.Michael Visuvasam, learned counsel, has
entered appearance on behalf of the fourth respondent.
4. It is brought to the notice of this Court that in the
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Civil Miscellaneous Appeal No.1380 of 2024
connected appeals in C.M.A.Nos.3276 and 4715 of 2019,
this Court was pleased to set aside the award and the
matter has been remanded back to the file of the Tribunal
in MACTOP No.562 of 2011 and it was directed to be
heard/considered along with M.C.O.P.Nos.550 and 554 of
2011. Unfortunately, by the time the judgment came to the
knowledge of the Tribunal, an independent award has been
passed in M.C.O.P.No.550 of 2011, which has been put to
challenge by the appellant insurance company in this
appeal.
5. Learned counsel for first respondent shall take
instructions in this regard and file his vakalath, so that
final orders can be passed in this appeal and the award
can be set aside and remanded back to the Tribunal to
comply with the judgment of the Division Bench in
C.M.A.Nos.3276 and 4715 of 2019.
Post this appeal under the same caption on
01.07.2024.
3. Heard Mr.S.Arun Kumar, learned counsel for the appellant
and Mr.T.S.Arthanareeswaran, learned counsel for 1st respondent and
M/s.J.Michael Visuvasam, learned counsel for 4th respondent.
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Civil Miscellaneous Appeal No.1380 of 2024
4. This Court has carefully considered the submissions made
on either side and also perused the materials available on record.
5. The present appeal is directed against the award passed in
MCOP No.550 of 2011. There are totally three claim petitions that are
involved arising out of a single accident. They are MCOP No.550, 554
and 562 of 2011.As against the award passed in MCOPNo.562 of 2011,
appeals were filed before this Court in CMA Nos.3276 and 4715 of
2019. These appeals were allowed and the case was remanded back to
the file of the Tribunal for fresh consideration along with MCOP No.550
and 554 of 2011.Unfortunately, this order passed by the Division Bench
has not been brought to the notice of the Tribunal and as a result, the
Tribunal has proceeded to pass an independent award in MCOP No.550
of 2011.
6. In the light of the order passed by the Division Bench, the
award passed by the Tribunal in MCOP No.550 of 2011 dated
30.03.2022 is liable to be set-aside and accordingly, the same is hereby
set-aside.The direction issued by the Division Bench in CMA Nos.3276
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Civil Miscellaneous Appeal No.1380 of 2024
and 4715 of 2019 shall be complied with and it is made clear that MCOP
No.550, 554 and 562 of 2011, shall be heard and disposed of on its own
merits and in accordance with law within a period of three months from
the date of receipt of a copy of this order.
7. This Civil Miscellaneous appeal is disposed of with the
above directions. No costs. Consequently, the connected miscellaneous
petition is closed.
01.07.2024
Speaking Judgment/Non-speaking Judgment
Index :Yes/No
Neutral citation: Yes/No
rka
https://www.mhc.tn.gov.in/judis
Civil Miscellaneous Appeal No.1380 of 2024
N.ANAND VENKATESH.,J
rka
To,
Motor Accident Claims Tribunal, Sub Court, Sankari.
Civil Miscellaneous Appeal No.1380 of 2024
01.07.2024
https://www.mhc.tn.gov.in/judis
