IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.11.2023 CORAM:

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Civil Miscellaneous Appeal No.1517 of 2021 and Civil Miscellaneous Petition No.7961 of 2021 The New India Assurance Co. Ltd., Rep. by its Branch Manager, No.39-C, Bye-Pass Road, Dharmapuri Town, Dharmapuri Taluk & District – 636 701. ... Appellant / 2^nd respondent Vs.

1. Muniammal ... Respondent / Petitioner [R1 remained ex-parte before Tribunal.

Hence, notice to R1 dispensed with]

2. S. Kumar ... Respondent/1^st Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and decree dated 26.11.2019 made in M.C.O.P.No.777 of 2016 on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Dharmapuri.

For Appellant : Mr. K. Krishnamoorthy For R1 : Mr. N. Ponraj For R2 : No appearance JUDGMENT This Civil Miscellaneous Appeal has been filed by the Insurance Company, challenging the liability fixed on them to indemnify the owner of the vehicle as per the Award in M.C.O.P.No.777 of 2016, dated 26.11.2019, on the file of the Motor Accidents Claims Tribunal, Special Sub Judge, Dharmapuri.

2. The parties are referred to hereu