R.Selvaraj vs Nepolian
2021 Latest Caselaw 3141 Mad

                                                                 C.M.A.(MD) No.1134 of 2010


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 09.02.2021

                                                    CORAM:

                          THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

                                           C.M.A.(MD) No.1134 of 2010


              R.Selvaraj                                                      ... Appellant

                                                       -vs-

              1.Nepolian

              2.The Regional Manager
                United India Insurance Company
                1783/84, South Main Street
                Thanjavur
                Thanjavur District                                            ... Respondents


              PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor

              Vehicles Act, 1988, to set aside the Judgment and Decree, dated 04.10.2005

              in M.C.O.P.No.541 of 2003, on the file of the Motor Accident Claims Tribunal

              cum Principal Subordinate Judge, Thanjavur.


                           For Appellant          : No appearance

                           For Respondents        : No appearance for R1
                                                    Mr.R.Srinivasan for R2




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                                                              C.M.A.(MD) No.1134 of 2010


                                             JUDGMENT

A perusal of the records show that though the appellant was

directed to serve copy of the typed set of papers on the respondents' counsel

vide orders dated 09.12.2020 and 18.12.2020, but sofar, the same has not

been served on the respondents' counsel. Subsequently, there was no

representation for the appellant when the case was listed on 08.01.2021,

22.01.2021 and 05.02.2021. Hence, Registry was directed to list the appeal

today under the caption “For Dismissal”. Even today, when the matter is

taken up for hearing, none appeared on behalf of the appellant. Hence, this

Court has no other option except to dismiss the appeal for non-prosecution.

Accordingly, the civil miscellaneous appeal is dismissed as non-prosecution.

No costs.

                                                                    09.02.2021

              Internet : Yes / No
              Index    : Yes / No

              Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the Judgment may be utilized for official purposes, but, ensuring that the copy of the Judgment that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

krk

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http://www.judis.nic.in C.M.A.(MD) No.1134 of 2010

To:

1.The Principal Subordinate Judge, Motor Accident Claims Tribunal, Thanjavur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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http://www.judis.nic.in C.M.A.(MD) No.1134 of 2010

K.KALYANASUNDARAM, J.

krk

C.M.A.(MD) No.1134 of 2010

09.02.2021

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http://www.judis.nic.in