The Manager vs P.Prabakaran
2024 Latest Caselaw 15128 Mad

Madras High Court

The Manager vs P.Prabakaran on 5 August, 2024

                                                                    C.M.P.(MD) No.2099 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 05.08.2024

                                                       CORAM

                                  THE HON'BLE MR.JUSTICE SUNDER MOHAN

                                          C.M.P.(MD) No.2099 of 2023
                                                      in
                                        C.M.A. (MD) SR. No.34655 of 2016

                    The Manager,
                    M/s.Reliance General Insurance
                          Company Limited,
                    PLA Kanagu Towers, 3rd Floor,
                    Thillai Nagar 11th Cross Street,
                    Trichy.                                    ... Petitioner / Appellant

                                                        Vs.

                    1.P.Prabakaran
                      S/o.Pitchiaya

                    2.G.Kalayani
                      W/o.Gopaldass

                    3.Kavitha
                      W/o.Krishnamoorthy                       ... Respondents/Respondents

                    Prayer in C.M.P.(MD) No.2099 of 2023: Civil Miscellaneous Petition
                    filed under Section 173(1) of the Motor Vehicles Act, 1988 praying to
                    condone the delay of 196 days in filing the appeal as against the fair and
                    executable order passed in M.C.O.P.No.359 of 2009 on the file of the
                    Motor Accident Claims Tribunal [Special Subordinate Court], Tanjore,
                    dated 26.10.2015.

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https://www.mhc.tn.gov.in/judis
                    Page No. 1 of 4
                                                                         C.M.P.(MD) No.2099 of 2023



                    Prayer in C.M.A.(MD) SR.No.34655 of 2016:- Civil Miscellaneous
                    Appeal filed under Section 173 of the Motor Vehicles Act, 1988 praying
                    to set aside the Judgment and Decree passed by the Motor Accident
                    Claims Tribunal [Special Subordinate Court], Tanjore, dated 26.10.2015
                    in M.C.O.P.No.359 of 2009.


                              For Petitioner/Appellant        : Mr.V.Sakthivel

                              For Respondents/Respondents : No appearance


                                                         ORDER

This Civil Miscellaneous Petition has been filed to condone the

delay of 196 days in filing the Appeal against the Judgment and Decree

dated 26.10.2015 passed by the Motor Accident Claims Tribunal [Special

Subordinate Court], Tanjore, in M.C.O.P.No.359 of 2009, awarding a

compensation of Rs.47,700/- to the first respondent herein.

2. In spite of several opportunities, the petitioner/appellant has not

taken any steps to implead the legal heirs of the deceased second

respondent, who was the owner of the vehicle. The petitioner/appellant

has mainly challenged the finding on liability. Hence, the second

respondent is a necessary party. Further, the petitioner/appellant Insurance

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

Company has not made out any ground for challenging the meagre

compensation of Rs.47,700/-.

3. Since no steps were taken by the petitioner/appellant to implead

the legal heirs of the deceased second respondent, this Civil

Miscellaneous Petition is dismissed. Consequently, the Civil

Miscellaneous Appeal stands rejected at the S.R. stage itself. No costs.

05.08.2024 Index: Yes/ No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order

JEN

Copy To:

The Special Subordinate Judge, Motor Accident Claims Tribunal, Tanjore.

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

SUNDER MOHAN, J.

JEN

in C.M.A. (MD) SR. No.34655 of 2016

05.08.2024

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