CMA(MD).No.589 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 13.03.2023

PRONOUNCED ON : 16.03.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

C.M.A(MD)No.589 of 2019

M/s.Cholamandalam MS General

Insurance Company Ltd.,

Nos.3 & 4, Dindigul High Road

Kalavaasal

Madurai 625 010

... Appellant

vs.

1.Mohan

2.Mahalakshmi

...Respondents

PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of

Motor Vehicles Act, 1988, to set aside the judgement and decree passed

in M.C.O.P.No.432 of 2013 on the file of the Motor Accident Claims

Tribunal (Special Sub Court), Madurai, dated 28.09.2018.

For Appellant

: Mrs.K.R.Shivashankari

For R1

: Mr.M.Suresh

For R2

: Mr.AN.Ramanathan

1/9

https://www.mhc.tn.gov.in/judis

CMA(MD).No.589 of 2019

J U D G M E N T

The appeal has been filed by the Insurance Company challenging

the award of the Accident Claims Tribunal, Dindigul in MCOP.No.432

of 2013 primarily on the ground of liability.

2.The claimant is an injured person who had travelled in a TATA

ACE Vehicle by the side of the driver as a salesman of an oil store

carrying the goods. According to the claimant, the vehicle was driven in

a