United India Insurance Co. Ltd vs Chinnthamani
2023 Latest Caselaw 10769 Mad

                                                                                          C.M.A.No.2042 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                            DATED: 18.08.2023

                                                                   CORAM

                                       THE HONOURABLE MR. JUSTICE K.RAJASEKAR

                                                        C.M.A.No.2042 of 2017

                     United India Insurance Co. Ltd.,
                     Kallkurichi.                                                     ...Appellant
                                                                    vs.

                     1. Chinnthamani
                     2. Manickkam
                     3. V.Balan                                                       ...Respondents

                                  Civil Miscellaneous Appeal filed under section 173 of Motor Vehicle
                     Act, to set aside the decree and judgment dated 11.03.2023 made in
                     MACTOP No.136 of 1997 on the file of Motor Accident Claims Tribunal
                     passed by Additional Tribunal Judge, Viruddhachalam and be pleased to
                     dismiss the said claim petition.
                                            For Appellant      :     Mr.M.J.Vijaya Raaghavan
                                            For Respondents :        R1 – No appearance
                                                                     R2 – Died
                                                             JUDGMENT

It is reported by the learned counsel appearing for the

appellant/Insurance Company that the second respondent, who is one of the

https://www.mhc.tn.gov.in/judis C.M.A.No.2042 of 2017

claimant before the Tribunal has died and Insurance company is not able to

bring the legal heirs of the second respondent on record.

2. This appeal is filed challenging the award granting compensation

to the claimants/respondents 1 and 2. In view of the fact that the 2nd

respondent is died, the appellant is not able to bring the legal heirs of the

second respondent (claimant No.2), and the award is also passed in favour

of the two claimants, this appeal could not be proceeded against one

claimant alone. Hence, this appeal is to be dismissed for not taking steps

against the respondent.

Accordingly, this Civil Miscellaneous Appeal is dismissed. No costs.

31.03.2023 Index:yes/no Internet:yes/no mp

https://www.mhc.tn.gov.in/judis C.M.A.No.2042 of 2017

To

The Motor Accident Claims Tribunal Additional Tribunal Judge, Viruddhachalam.

https://www.mhc.tn.gov.in/judis C.M.A.No.2042 of 2017

K.RAJASEKAR.J.,

mp

C.M.A.No.2042 of 2017

18.08.2023

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