P.Murugan vs A.Selvaraj
2023 Latest Caselaw 8090 Mad

                                                                                 C.M.A.No.390 of 2019


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 11.07.2023

                                                         CORAM:

                                   THE HONOURABLE MR. JUSTICE K.RAJASEKAR

                                                  C.M.A.No.390 of 2019

                     P.Murugan                                        ... Appellant /Petitioner

                                                            Vs.

                     1.A.Selvaraj
                     2. S.Ramalingam
                     (R1 & R2 was set exparte in the Trial Court.
                      Hence, notice to R1 & R2 dispensed with)

                     3.The National Insurance Co., Ltd.,
                       No.7, Raja Street, Gobichettipalayam 638 476
                       Erode District.
                                                                 ... Respondents/Respondents



                                       Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988, against the Judgment and Decree dated
                     07.12.2006 made in M.A.C.T.O.P.No.263 of 2005 on the file of the
                     Motor Accidents Claims Tribunal, Principal Sub Judge, Erode.


                                  For Appellant   : Ms.V.Sudhana Vinodhini (No appearance)
                                  For R1 & R2     : Exparte before Tribunal
                                  For R3          : Mr.S.Vadivel



https://www.mhc.tn.gov.in/judis
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                                                                                 C.M.A.No.390 of 2019


                                                     JUDGMENT

When the matter was taken up for hearing on 17.04.2023, there

was no representation on behalf of the appellant and hence, the matter

was directed to be posted under the caption 'for dismissal'. On the last

hearing, it was represented by the counsel for R3/Insurance Company

that the appeal against R1 and R2, who are the driver and owner has been

dismissed by this Court, for not taking steps to serve notice on them. The

learned counsel for the Insurance Company has also stated that before the

Tribunal, the Insurance Company has been absolved from the liability

hence in this appeal also, in the absence of R1 and R2, further

proceedings is not maintainable.

2. Admittedly, the appeal against R1 and R2, who are the driver

and owner of the vehicle has been dismissed for not taking steps to serve

notice, the appeal against R3 is not maintainable. Even today also, there

is no representation on behalf of the appellant. Therefore, this Civil

Miscellaneous Appeal is dismissed for default. No costs.

                                                                                       11.07.2023
                     ssi
                     Index            : Yes / No
                     Speaking Order : Yes / No

Neutral Citation Case : Yes/No https://www.mhc.tn.gov.in/judis

C.M.A.No.390 of 2019

To

1.The Principal Sub Judge, Motor Accidents Claims Tribunal, Erode.

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

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

C.M.A.No.390 of 2019

K.RAJASEKAR,J.,

ssi

C.M.A.No.390 of 2019

11.07.2023

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