United India Insurance Co. Ltd vs S.Venkatasubramaniam ... 1St
2022 Latest Caselaw 10929 Mad

                                                                             C.M.A.(MD)No.301 of 2012

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              Dated : 23.06.2022

                                                    CORAM

                                  THE HONOURABLE MRS. JUSTICE R. THARANI

                                           C.M.A.(MD)No.301 of 2012
                                                     and
                                             M.P.(MD)No.1 of 2012
                 United India Insurance Co. Ltd.,
                 Branch Office, No.130, M.T.R. Road,
                 Lucky Towers, I Floor,
                 Ambatur Industrial Estate,
                 Chennai – 50.                              .. Appellant/2nd Respondent

                                                      Vs.
                 1.S.Venkatasubramaniam                   ... 1st respondent / petitioner
                 2.M/s.Hero Cycles Ltd.,
                    4, Rama Strett,
                    Periamedy, Chennai -3.                ... 2nd respondent / 1st respondent
                 3.New India Assurance Co.Ltd.,
                    Divisional Office, Jerome Building,
                    Fort Station Road, Trichy-2.          ... 3rd Respondent / 3rd respondent


                 Prayer: This Civil Miscellaneous Appeal is filed under Section173 of Motor
                 vehicles Act, 1988, against the judgment and decree, dated 29.03.2011, in
                 M.C.O.P.No. 283 of 2005, on the file of the Motor Accidents Claims
                 Tribunal – I Additional Subordinate Judge, Tiruchirappalli.

                 1/4
https://www.mhc.tn.gov.in/judis
                                                                                 C.M.A.(MD)No.301 of 2012




                                  For Appellant                 : Mr.G.Prabhu Rajadurai
                                  For Respondent No.3           : Mr.A.K.Baskara Pandian
                                  Respondent Nos. 1&2           : Dismissed vide order dated 29.1.19


                                                        JUDGMENT

This Appeal is filed against the award, dated 29.03.2011, in

M.C.O.P.No.283 of 2005, on the file of the Motor Accidents Claims

Tribunal – I Additional Subordinate Judge, Tiruchirappalli. The appellant

herein is the second respondent, the first respondent herein is the claimant,

the second respondent herein is the first respondent and the third respondent

herein is the third respondent in the main M.C.O.P petition.

2. The learned counsel for the appellant and the learned counsel for

the third respondent are present.

3. Records perused. A perusal of the records reveals that the case

against the respondents 1 and 2 was already dismissed by this Court, in its

order, dated 29.01.2019. Though the conditional order was passed on

29.01.2019, the appellant failed to pay batta for the respondents 1 and 2 in

the appeal. The first respondent is the claimant, the second respondent is the

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.301 of 2012

owner of the vehicle and the appellant was ordered to pay compensation and

to recover the same from the second respondent. When the appeal against

the claimant and the owner of the vehicle was dismissed, there is no

possibility of the appeal to be maintainable. On 13.06.2022, the case was

posted “for clarification”, regarding this issue. Again, the matter was

adjourned today (23.06.2022) under the same caption. From 29.01.2019, till

23.06.2022 (today), the appellant has not taken any steps to restore the case

against the first respondent. When there is no appeal against the first

respondent and the second respondents this appeal is not maintainable.

4. In view of the above circumstances, there is no use in keeping

the matter pending any further. Hence, this Appeal is dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed.

                                                                                      23.06.2022
                 Index    : Yes/No
                 Internet : Yes/No
                 Ls

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

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.301 of 2012

R. THARANI, J.

Ls

To

1.The Motor Accidents Claims Tribunal – I Additional Subordinate Judge, Tiruchirappalli.

2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

Judgment made in C.M.A.(MD)No.301 of 2012

23.06.2022

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