Advocates:
['M/S S VADIVEL', '', 'A ASHOK KUMAR', 'M MALAR', 'F TERRY CHELLARAJA', 'NOTICE SENT TO R TO TAPAL RETURNED PERSON NOT FOUND R MINOR S GOUTHAM', '', 'PVT NOTICE', 'A O S NOT FILED']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2018

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

C.M.A.NO.3882 of 2008

and

M.P.No.1 of 2008

The Branch Manager,

National Insurance Co. Ltd.,

Branch Office,

Post Box No.23,

88-F, Bye Pass Road,

Dharmapuri Town & District. ... Appellant/2^nd Respondent

Vs

1.Selvam

2.Thiagarajan

3.Maruthanayagam

4.Vivega Rani

5.Minor S.Goutham

Represented by his mother S.Saraswathi

... Respondents/ 1^st Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 173

of the Motor Vehicles Act, 1988 against the Judgment and

Decree dated 29.11.2007 and made in MACTOP.No.442 of 2006

on the file of the Dharmapuri District Motor Accident

Claims Tribunal at Krishnagiri (Chief Judicial Magistrate

No.2 Court)

For Appellant

: Mr.S.Vadivel

For Respondent No.2 : No appearance

No.1:Set Exparte before tribunal

JUDGMENT

The instant appeal has been filed by the Insurance

Company challenging the Award dated 29.11.2007 passed by

the Motor Accident Claims Tribunal (Chief Judicial

Magistrate No.2 at Krishnagiri) in MACTOP.No.442 of 2006.

The brief facts leading to the filing of the instant appeal