The Managing Director vs M.Latha
2023 Latest Caselaw 410 Mad

                                                                               CMA.No.5/2023




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 06.01.2023

                                                    CORAM:

                                    THE HONOURABLE MR.JUSTICE S.S.SUNDAR

                                                      AND

                                  THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

                                         CMA.No.5/2023 & CMP.No.43/2023

                    The Managing Director
                    Tamil Nadu State Express Transport
                    Corporation Limited
                    Pallavan Salai
                    Chennai 600 002.                                         .. Appellant

                                                       Vs.

                    1.M.Latha
                    2.S.M.Pavithra [Minor]
                    3.S.M.Vignesh [Minor]
                      RR2&3 are minors rep.by their
                      mother and natural guardian
                      M.Latha                                                .. Respondents

                    Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor
                    Vehicles Act, 1988 against the judgment and decree dated 26.06.2020
                    made in MCOP No.2287/2016 on the file of the Motor Accident Claims
                    Tribunal / II Court of Small Causes, Chennai.


https://www.mhc.tn.gov.in/judis                          1
                                                                                           CMA.No.5/2023




                                         For Appellant               :   Mr.K.Kathiresan


                                                          JUDGMENT

[Judgment of the Court was delivered by S.S.SUNDAR, J.,]

(1) The appellant is the Tamil Nadu State Express Transport

Corporation Limited and the present appeal is preferred as against

the Award of the Motor Accidents Claims Tribunal, namely, the II

Court of Small Causes, Chennai, awarding a compensation of

Rs.26,05,000/- to the claimants / respondents herein who are the

legal heirs of the deceased.

(2) The Tribunal has given specific findings on all the issues based on

the evidence of PW.1 and PW.2 apart from the documents Exs.P1

to P10. The appellant/Transport Corporation remained exparte

throughout the proceedings and therefore, no one was examined

and no document was marked on behalf of the appellant.

(3) When this was pointed out to the learned counsel for the appellant,

the learned counsel prayed for withdrawal of the Civil

CMA.No.5/2023

Miscellaneous Appeal with a leave to file a petition to set aside the

exparte decree in MCOP.No.2287/2016. He also states that no

application was filed before the Trial Court after the exparte order

was pronounced. It is also stated by the learned counsel that no

notice was served after the dismissal of MCOP No.2287/2016

earlier for default.

(4) Considering the fact that the Appeal cannot be now entertained on

merits having regard to the specific findings which are

unassailable, this Court is inclined to permit the appellant to

withdraw the appeal with liberty to file a petition to set aside the

exparte decree under Order 9 Rule 13 of CPC.

(5) Accordingly, this Civil Miscellaneous Appeal stands dismissed as

withdrawn. Liberty sought for, is granted. No costs.

consequently, connected miscellaneous petition is closed.

                                                                                [SSSRJ]        [AANJ]
                                                                                       06.01.2023
                    AP
                    Internet : Yes
                    Neutral Citation           : Yes / No


                                                            CMA.No.5/2023




                    To

                    1.The Judge,

Motor Accidents Claims Tribunal II Small Causes Court Chennai.

2.The Managing Director Tamil Nadu State Express Transport Corporation Limited Pallavan Salai Chennai 600 002.

3.The Section Officer VR Section, High Court Chennai.

CMA.No.5/2023

S.S.SUNDAR, J., AND A.A.NAKKIRAN, J.,

AP

CMA.No.5/2023

06.01.2023

https://www.mhc.tn.gov.in/judis 5