Kanthi Reddy vs Vanga Lavanya
2021 Latest Caselaw 2548 Tel

     THE HON'BLE SRI JUSTICE T. AMARNATH GOUD

       CIVIL MISCELLANEOUS APPEAL No.357 of 2021

JUDGMENT :

This appeal is filed questioning the order dated 18.03.2021

passed by the Chairman, Motor Accident Claims Tribunal-cum-

Principal District Judge, R.R. District in I.A.(SR).No.1323 of 2021 in

MVOP.No.109 of 2017.

2. Heard.

3. The trial Court has closed the evidence of appellant on the

ground that he was not present on several occasions. It is the case of

the appellant that due to unforeseen reasons, he could not attend the

Court and submits before this Court that he is having good case to

succeed on merits.

4. It is not the case of the appellant that he is helpless and is not

having means to pursue with his counsel about the Court proceedings.

This kind of casual approach of appellant towards Judicial

proceedings cannot be appreciated. Though the appellant has failed to

give appropriate reasons for his absence, this Court feels that it is a fit

case for giving an opportunity to him for proceeding with the case on

merits, by imposing some costs, to make the appellant co-operate with

the Court proceedings.

5. Therefore, this appeal is allowed setting aside the impugned

order of the trial Court, on the condition that the appellant shall

deposit costs of Rs.1,00,000/- (Rupees One Lakh) within four weeks

from today, in favour of Telangana High Court Advocates'

Association. The matter is remitted to the trial Court for fresh

disposal on merits, by continuing with the evidence of appellant.

Pending miscellaneous applications, if any, shall stand closed.

________________________ T. AMARNATH GOUD, J.

Date: 07.09.2021

N.B. :

C.C. to Telangana High Court Advocates' Association.

(b/o) ajr