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United India Insurance Company ... vs Desam @ Desammal

Madras High Court|08 February, 2017

JUDGMENT / ORDER

C.M.A.No.2037 of 2009 United India Insurance Company Ltd., Third Party Motor Claims Cell, No.38, Anna Salai, Chennai  600 002. ... Appellant Vs.
1. Mageswari
2. S.Keerthigaseelan ... Respondents C.M.A.No.2103 of 2009 United India Insurance Company Ltd., Third Party Motor Claims Cell, No.38, Anna Salai, Chennai  600 002. ... Appellant Vs.
1. Annalakshmi
2. S.Keerthigaseelan ... Respondents C.M.A.No.2188 of 2009 United India Insurance Company Ltd., Third Party Motor Claims Cell, No.38, Anna Salai, Chennai  600 002. ... Appellant Vs.
1. Kasthuri
2. S.Keerthigaseelan ... Respondents C.M.A.No.1817 of 2009 United India Insurance Company Ltd., Third Party Motor Claims Cell, No.38, Anna Salai, Chennai  600 002. ... Appellant Vs.
1. Kalaimathi
2. S.Keerthigaseelan ... Respondents C.M.A.No.2250 of 2009 United India Insurance Company Ltd., Third Party Motor Claims Cell, No.38, Anna Salai, Chennai  600 002. ... Appellant Vs.
1. Indira
2. S.Keerthigaseelan ... Respondents Prayer:- Civil Miscellaneous Appeals have filed under Section 173 of the Motor Vehicles Act, against the award and decree dated 11.07.2008 made in O.P.Nos.548, 547, 551, 549, 546 & 550 of 2006 respectively on the file of the Motor Accident Claims Tribunal, Fast Track Court, Ponneri.
For Appellant : Mr.D.Bhaskaran (in all C.M.As.) For R1 : No Apperance (in all C.M.As.) For R2 : Mr.N.Jayachander (in all C.M.As.) COMMON JUDGMENT In a road accident that took place on 21.12.2005 an auto rickshaw bearing Registration No.TN-04-T-7186 capsized in which six passengers travelling in the auto rickshaw suffered simple injuries. All of them moved the Tribunal with separate claims and the Tribunal has awarded Rs.10,000/- in each to the claimants in all the cases.
2. The learned counsel for the appellant submitted that the Tribunal ought not to have awarded the compensation to all the claimants and it should have been limited the same only to the highest three claims.
3. In this case service of notice is not completed in C.M.A.Nos.2103, 2188, 1817 of 2009 and 2037 of 2009.
4. The accident had taken place admittedly on 21.12.2005 and the amount awarded in each of the case is a mere Rs.10,000/-, I therefore, do not want to go into the merit of the contest and confirm the awards passed in each of the cases. N.SESHASAYEE, J., kmi
5. In the result, all these appeals are dismissed without costs. The amounts were deposited in all the cases, if the claimants have not already withdrawn the money, they are permitted to withdraw the same forthwith.
08.02.2017 kmi To
1. The Fast Track Court, Motor Accidents Claims Tribunal, Ponneri.
2. The Section Officer, V.R.Section, High Court, Madras.
C.M.A.Nos.2436, 2037, 2103, 2188, 1817 & 2250 of 2009 http://www.judis.nic.in
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Title

United India Insurance Company ... vs Desam @ Desammal

Court

Madras High Court

JudgmentDate
08 February, 2017