The Oriental Insurance Company ... vs S.Dhanabackiyam
2022 Latest Caselaw 16482 Mad

                                                                           C.M.A.(MD)No.1226/2010



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               Dated :17.10.2022

                                                    CORAM

                                  THE HONOURABLE MRS. JUSTICE R. THARANI

                                           C.M.A.(MD)No.1226 of 2010

                  The Oriental Insurance Company Ltd.,
                  Divisional Office,
                  Cantonment,
                  Trichy – 1.                            .. Appellant / Respondent No.2
                                                         Vs.
                  1.S.Dhanabackiyam
                  2.Sudha
                  3.Pushpalatha
                  4.Pothuponnu
                  5.Minor.Murugaraj
                    (R5 Minor rep. By his next friend
                     and mother R1-S.Dhanabackiyam        .. Respondents 1 to 5/ Petitioners
                  6.Poornam                              .. 6th Respondent/ 1st Respondent


                  Prayer: This Civil Miscellaneous Appeal is filed under Order 43 Rule 1(Q)
                  of Civil Procedure Code, against the award, dated 05.01.2009, made in
                  M.C.O.P.No.396 of 2007, on the file of the Motor Accident Claims Tribunal,
                  Sub Court, Kulithalai.



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https://www.mhc.tn.gov.in/judis
                                                                                 C.M.A.(MD)No.1226/2010




                                  For Appellant                : No appearance
                                  For Respondent Nos.1 to 5    : Mr.N.Sudhagar Nagaraj
                                  For Respondent No.6          : Mr.B.Pugalendhi


                                                     JUDGMENT

On 15.09.2022, the earlier counsel, Advocate Mr.A.K.Baskara

pandian, has made a representation, to remove his name in the cause list and

he has given a change of vakalat. On 23.09.2022, this Court ordered the

registry to remove the name of Advocate Mr.A.K.Baskarapandian, there was

no other representation on that date and the name of the Company was

printed in the cause list and post the matter on 29.09.2022. On 29.09.2022,

there was no representation on the side of the appellant and hence, the matter

was posted on 10.10.2022. On 10.10.2022, again there was no

representation on the side of the appellant, The matter was posted under the

caption “for arguments or for orders” on 17.10.2022.

2. Today (ie.17.10.2022), there was no representation on the side

of the appellant. The matter is pending from the year 2010, ie. for the past

13 years, there was no use in keeping the petition pending any further.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1226/2010

3. In the above circumstances, this appeal is dismissed for default.

No costs.

                                                                                        17.10.2022
                  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.

To

1.The Sub Judge -

Motor Accident Claims Tribunal, Kulithalai.

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

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1226/2010

R. THARANI, J.

Ls

Judgment made in C.M.A.(MD)No.1226 of 2010

17.10.2022

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