Durga Devi vs M.Amsaveni
2022 Latest Caselaw 4847 Mad

                                                             1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:       10.03.2022

                                                       CORAM:

                            THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                           CMA Nos. 2283 & 2284 of 2018


                   Durga Devi                         ... Appellant/Petitioner in C.M.A.No. 2283
                                                      of 2018

                   Ganesh Murthy                      ... Appellant/Petitioner in C.M.A.No. 2284
                                                      of 2018


                                                            Vs
                   1. M.Amsaveni
                   (Since 1st Respondent remained exparte before the Tribunal her presence
                   may be dispensed with)

                   2. United India Insurance Co. Ltd.,
                       No. 134, Greams Road,
                      IV Floor, Anna Salai,
                      Chennai – 600 006. ... Respondents/Respondents in both C.M.As.

                   Prayer: Civil Miscellaneous Appeals filed under Section 173 of the M.V.
                   Act, 1988 against the Judgment and Decree dated 24.07.2018 made in
                   M.A.C.T.O.P.Nos. 1778 & 1777 of 2017 on the file of the Motor Accident
                   Claims Tribunal and IV Court of Small Causes, Chennai.
                                                            ***

                                    For Appellant in
                                    both C.M.As.     : Mr. F.Terry Chellaraja

https://www.mhc.tn.gov.in/judis     For 1st Respondent in
                                                          2

                                   both C.M.As.       : Exparte

                                   For 2nd Respondent in
                                   both C.M.As.      : Mr. S.Arunkumar


                                         COMMON JUDGMENT


                             Let me not enter into a discussion on the merits raised on the

                   aspects canvassed by the learned counsel for the appellant.



                             2. These appeals have been field questioning the Judgment of the

                   Tribunal / Motor Accident Claims Tribunal, Chennai / IV Court of Small

                   Causes, Chennai in M.C.O.P.Nos. 1778 &               1777     of 2017 dated

                   24.07.2018.       Both the awards by the Tribunal were exparte awards.

                   However, not satisfied with the compensation granted, these Appeals have

                   been filed.



                             3. In the meanwhile, the second respondent had filed an application

                   to set aside the exparte awarded.




                             4. The learned counsel for the appellants have now filed a memo
https://www.mhc.tn.gov.in/judis
                                                        3

                   seeking that he would withdraw these Appeals with permission to go back

                   to the Tribunal and contest the MCOPs and an order may be passed by the

                   Tribunal on merits.



                             5.   In view of the same, both these Appeals are dismissed as

                   withdrawn in view of the fact that pending the Appeals, an exparte awards

                   had been sought to be set aside by the respondent. I would direct the

                   Registry to refund the Court fees if any in accordance with law to the

                   appellants.

                                                                           10.03.2022

                   Index:Yes / No
                   Speaking / Non-Speaking order
                   vsg


                   To

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


                   2.The Section Officer,
                     VR Section,
                     Madras High Court, Chennai.



                                                                  C.V.KARTHIKEYAN, J.

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

vsg

CMA Nos. 2283 & 2284 of 2018

10.03.2022

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