Madras High Court
National Insurance Co.Ltd vs Krishnan on 6 January, 2021
C.M.A.No.2355 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
C.M.A. No.2355 of 2011
AND M.P.No.1 of 2011
National Insurance Co.Ltd.,
Athur. .. Appellant
Vs.
1.Krishnan
2.Velu
3.Kangam ..Respondents
(Respondents 2& 3 exparte before
the trial Court.)
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 03.09.2007, made
in M.C.O.P. No.53 of 2002, on the file of the Sub Court, Athur
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C.M.A.No.2355 of 2011
For Appellant : Mr.E.Rajadurai
For Respondents: Mr.P.Jagadeesan – R1
(R1 Died)
R2 & R3 – Exparte.
JUDGMENT
The matter is heard through "Video Conferencing".
This Civil Miscellaneous Appeal has been filed by the appellant-
Insurance Company against the judgment and decree dated 03.09.2007, made
in M.C.O.P. No.53 of 2002, on the file of the Sub Court, Athur
2.The appellant is the 2nd respondent in M.C.O.P. No.53 of 2002, on the
file of the Sub Court, Athur. The 1st respondent had filed the said claim
petition, claiming a sum of Rs.1,50,000/- for the injuries sustained in the road
accident that took place on 21.02.2001. The Tribunal after considering the
pleadings, oral and documentary evidence, has concluded that the accident
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C.M.A.No.2355 of 2011
had occurred only due to the rash and negligence driving on the part of the
driver of the lorry and accordingly fixed the liability on the part of the owner
of the lorry and the insurance company, who are the appellant and the 3 rd
respondent in this appeal and awarded a sum of Rs.60,000/- as compensation
payable by them jointly at the rate of 7.5% per annum.
3. Heard both sides and perused the materials available on record.
4. It is seen from the records that when the appeal came up before this
Court on 17.10.2019 it was represented before this Court that claimant died
and sought for time to implead the legal heirs of the deceased first
respondent, hence adjourned by four weeks. Thereafter the matter was listed
on 15.11.2019 since, on that day, no steps have been taken by the learned
counsel for the appellant, he was directed to implead the legal heirs of the
deceased first respondent and adjourned the matter to 28.11.2019. Again at
the request of the learned counsel for the appeallat/Insurance company, the
case was listed periodically on 06.02.2020, 24.02.2020 and 02.03.2020.
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C.M.A.No.2355 of 2011
5. Today the learned counsel for the appellant represented before this
Court that despite several opportunities granted by this Court, the learned
counsel appearing for the 1st respondent has not furnished details of the legal
heirs of the deceased first respondent, therefore he is not in a position to
implead necessary parties in the appeal. This Court is not accepted the said
submissions made by the learned counsel. It is for the appellant to take steps
to implead necessary parties in the appeal. Moreover, only on the request
made the learned counsel for the appellant, this Court had granted time for
the same purpose on several occasions.
6. The learned counsel appearing for the deceased 1st
respondent/claimant submitted that he has not received any communication
from the legal heirs of the deceased.
7. It is brought to the notice of this Court that the first respondent died
on 29.10.2014, even after lapse of eight years, no steps have been taken by
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C.M.A.No.2355 of 2011
the learned counsel appearing for the appellant/insurance company to implead
necessary parties in the appeal and no materials were placed before this Court
to show the efforts taken by them to prosecute the case by taking steps to
implead necessary paties.
8. In view of the submissions made by the learned counsels appearing
on either side and taking note of the fact that the appellant had failed to
implead necessary parties for the past eight years despite several
opportunities granted by this Court, this Civil Miscellaneous Appeal is
dismissed as abated. No costs. Consequently, connected Miscellaneous
Petition is closed.
06.01.2021
Index : Yes
ak
To
1.The Sub Court, Attur.
2.The Section Officer,
V.R Section, High Court, Madras.
D.KRISHNAKUMAR, J.
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C.M.A.No.2355 of 2011
ak
C.M.A. No.2355 of 2011
AND M.P.No.1 of 2011
06.01.2021
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