BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2023 CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.M.A.(MD)No.219 of 2023 and C.M.P.(MD)No.2431 of 2023 M/s.The New India Assurance Company Ltd., Throught is Divisional Manager, CMTS Bhavan, 70, Feet Road, Ellis Nagar, Madurai. ...Appellant/2^nd Respondent Vs.

1.N.Tamilarasi

2.P.Ravi ...Respondents PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree dated 14.11.2022 passed in M.C.O.P.No.924 of 2017 on the file of MACT/Special Sub Court, Madurai.

For Appellant : Mr.P.Malini For R1 : Mr.S.Manikandan For R2 : Mr.P.Thennavan

JUDGMENT

Challenge has been made to the award passed by the Motor Accident Claims Tribunal/Special Sub Court, Madurai in M.C.O.P.No.924 of 2017 dated

14.11.2022.

2.For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3.The brief facts, leading to the filing of this Civil Miscellaneous Appeal, are as follows:-

(i)The injured claimant on 16.07.2017 at about 07.00 p.m., was travelling in the car bearing Registration No.TN-18-C-8805 belonging to the first respondent. At that time