Malliga vs A.J.Victor
2021 Latest Caselaw 2285 Mad

                                                                               C.M.P.No.7501 of 2018
                                                                         in C.M.A.No.Sr 22969 of 2018



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 02.02.2021

                                                     CORAM

                         THE HONOURABLE MR.JUSTICE R.SUBBIAH
                                        AND
                THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                               C.M.P.No.7501 of 2018
                                                        in
                                             C.M.A.No.Sr 22969 of 2018

                1.Malliga

                2.Masilamani

                3.Kavitha                                                  ... Petitioners

                                                        vs

                1.A.J.Victor

                2.ICICI Lombard General Insurance
                    Company Ltd.,
                  G-1, Ground Floor, Capital Towers,
                  No.180, Kodambakkam High Road,
                  Nungambakkam, Chennai – 34.                              ... Respondents




                1/5



https://www.mhc.tn.gov.in/judis/
                                                                                     C.M.P.No.7501 of 2018
                                                                               in C.M.A.No.Sr 22969 of 2018



                Prayer:
                          |Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act, 1988,
                against the judgment and decree dated 14.09.2017 passed in M.C.O.P.No.3443 of
                2014 on the file of Motor Accident Claims Tribunal, Chief Judge, Court of Small
                Causes, Chennai.
                          Civil Miscellaneous Petition filed u/s.173(1) of Motor Vehicles Act seeking
                to condone the delay of 43 days in filing the above appeal.


                                      For Petitioners   : No appearance
                                                          Mr.Mahalingam

                                      For Respondents : Mr.B.Siva Kollapan [R2]

                                                         *****

                                                        ORDER

[Order of the Court was made by R.SUBBIAH, J]

This matter is heard through Video Conference.

2. The Civil Miscellaneous Appeal has been filed against the judgment and

decree dated 14.09.2017 passed in M.C.O.P.No.3443 of 2014 on the file of Motor

Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.

https://www.mhc.tn.gov.in/judis/ C.M.P.No.7501 of 2018 in C.M.A.No.Sr 22969 of 2018

3. C.M.P.No.7501 of 2018 has been filed seeking condonation of delay of 43

days in filing the above appeal.

4. When the matter was called on 01.02.2021, there was no representation

on behalf of petitioners. Hence, the Registry was directed to list the matter on

02.02.2021 under the caption 'for dismissal'. Even today, there is no representation

for petitioners. Hence, this Court is constrained to dismiss the miscellaneous

petition for non-prosecution.

Accordingly, the Civil Miscellaneous Petition is dismissed for non-

prosecution. As a consequence, the Civil Miscellaneous Appeal is rejected.

                                                                    [R.P.S., J]             [S.S.K., J]
                                                                                   02.02.2021

Speaking / Non-speaking order Index: Yes/No, Internet: Yes gm

To The Chief Judge,

https://www.mhc.tn.gov.in/judis/ C.M.P.No.7501 of 2018 in C.M.A.No.Sr 22969 of 2018

Motor Accident Claims Tribunal, Court of Small Causes, Chennai.

R.SUBBIAH, J and SATHI KUMAR SUKUMARA KURUP, J

gm

C.M.P.No.7501 of 2018 in C.M.A.No.Sr 22969 of 2018

02.02.2021

https://www.mhc.tn.gov.in/judis/ C.M.P.No.7501 of 2018 in C.M.A.No.Sr 22969 of 2018

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