THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
CIVIL MISCELLANEOUS APPEAL NO.453 OF 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed by Opposite Party No.2-insurance company challenging the Award of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad in W.C. No.270 of 2004 dt.31.08.2007.
2. It is noticed that on 16.02.2015 this Court permitted the appellant to take out personal notice to the 1st respondent through registered post with acknowledgement due and file proof of service within four weeks, failing which it was observed that the appeal should stand dismissed without reference to the Court as against the 1st respondent.
3. Since the Court order dt.16.02.2015 has not been complied with, it was endorsed by the Registry that the counsel for the petitioner (appellant) has not taken any steps.
4. Even when the case is called for hearing today, no proof of service of notice on the 1st respondent is filed. The 2nd respondent is owner of the vehicle who holds insuranc policy. 2
5. Since the main contesting party is the 1st respondent and the appeal against him was already dismissed for default vide Court Order dt.16.02.2015, this Appeal does not survive for adjudication.
6. Accordingly, the Civil Miscellaneous Appeal is dismissed. No order as to costs.
7. Pending miscellaneous petitions, if any, in this CMA shall also stand dismissed.
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JUSTICE P. MADHAVI DEVI
Date: .11.2021
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