Samuthirakani vs Bala Shanmugm
2022 Latest Caselaw 16595 Mad

                                                                              C.M.A(MD)No.154 of 2012

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                      Dated : 18.10.2022
                                                          CORAM
                                      THE HONOURABLE MRS.JUSTICE R.THARANI
                                                 C.M.A(MD)No.154 of 2012


                    1.Samuthirakani
                    2.Sivagnanam
                    3.Servaikani
                    4.Minor.Thangamalai
                    5.Minor.Malathi
                    Appellants 4 and 5 are represented through
                    his Mother-Natural Guardian, the first appellants

                    6.Mariappan                                    ... Appellants / Petitioners

                                                             Vs

                    1.Bala Shanmugm

                    2.M/s.United India Insurance Co. Ltd.,
                      No.77B, Salem Main Road,
                      Puthuchampalli,
                      Mettur Dam.                                  ... Respondents / Respondents


                    PRAYER :-
                                  This Civil Miscellaneous Appeal is filed under Section 173 of the
                    Motor Vehicles Act to allow the appeal and modify the award passed in
                    M.C.O.P.No.361 of 2005 dated 13.08.2008 on the file of the Motor Accident
                    Claims Tribunal cum Principal Sub Court, Tenkasi, Tirunelveli District.



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                                                                             C.M.A(MD)No.154 of 2012

                                    For Appellant     : No appearance
                                    For R2            : Mr.J.S.Murali


                                                       JUDGMENT

This Civil Miscellaneous Appeal is filed in the year 2012. The original

petition was filed in the year 2005. This matter was placed before this Court

on 10.06.2022. The learned counsel for the appellant was not ready for

arguments on that date and therefore the matter was adjourned to 17.06.2022.

On verification of records, this Court has directed the appellant to clarify the

maintainability of the appeal. Since the case against the first respondent was

already dismissed by this Court, the matter was adjourned to 29.06.2022.

There was no representation on the side of the appellant on that date also.

Again the matter was adjourned to 04.07.2022. On 04.07.2022 also, the

learned counsel for the appellant reported no instructions and filed a memo to

that effect. Therefore, this Court ordered the Registry to print the name of the

appellant and posted the matter on 11.07.2022. On 11.07.2022, the matter

was adjourned to 21.09.2022 and there was no representation on the side of

the appellant on that day also. Thereafter the matter was adjourned to

29.09.2022. Again there was no representation on the side of the appellant.

Then the case adjourned to 10.10.2022. On 10.10.2022, there was no

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.154 of 2012

representation on the side of the appellant. The appellant was adjourned to

18.10.2022 under the caption 'for arguments or for orders'. Though the name

of the appellant was printed in the cause list, there was no representation on

the side of the appellant.

2.Considering the pendency of the appeal from the year 2012, there is

no use in keeping this appeal pending any further. Hence, this this Civil

Miscellaneous Appeal is dismissed for default.

18.10.2022 Index: Yes / No Internet : Yes / No pnn

To

1.The Motor Accident Claims Tribunal cum Principal Sub Court, Tenkasi, Tirunelveli District.

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

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.154 of 2012

R. THARANI, J pnn

C.M.A(MD)No.154 of 2012

18.10.2022

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