Divisional Manager, New India Assurance v. N.Chowdamma And 2 Others

THE HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO C.M.A. No. 2896 of 2003 Judgment:

This appeal was preferred against the award in M.V.O.P.No.1131 of 2001, dated 10.12.2002 passed by the Motor Accidents Claims Tribunalcum-I Additional District Judge, Kurnool. Before the Tribunal, the first respondent-owner of the vehicle remained ex parte and the award was passed as against the owner and Insurance Company jointly and severally. Now, the present appeal is preferred by the Insurance Company against the said award and in the present appeal the owner of the vehicle was not served. The appeal was dismissed as against the owner, by order dated 19.11.2015. This Court gave permission to the appellant to take out substituted service by orders dated 24.10.2016 and 07.11.2017. In spite of the same, no steps were taken by the appellant. In the absence of the owner of the vehicle, the present appeal cannot be entertained.

In view of the same, the CMA is dismissed. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this CMA shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 03.04.2018 Nsr