Rajan, (Deceased) v. Muthusamy,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2019

CORAM:

THE HONOURABLE MRS. JUSTICE R. HEMALATHA C.M.A.No.2521 of 2007 and M.P.No.2 of 2007 1.Rajan (Deceased) 2.Muthulakshmi 3.R.Sangeetha 4.R.Saranya 5.Minor R.Santhiya ... Appellants/Complainants (Appellant Nos.3 to 5 brought on record as LRs of the deceased first appellant and second appellant recorded as LR of the deceased first appellant, vide order of Court dated 09.12.2013, made in M.P.Nos. 1 & 2 of 2013 in C.M.A.No.2521 of 2007) ..Vs..

1.Muthusamy 2.Hanuman Dying 3.The New Assurance Company Ltd., Branch office, Jawahar Bazar, D.No. 793, Karur 639 001.

4.Soranam ... Respondents/Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the awards dated 07.11.2001, passed by the Motor Accident Claims Tribunal, Sub Court, Dharapuram in M.C.O.P.No.274 of 1993.

For Appellants : Mr.Dhanasekaran For Respondents : No appearance for R1 and R2 Mr.S.Jayasankar for R3 Mr.S.Saravanan for R4

JUDGMENT

When the Civil Miscellaneous Appeal came up for hearing on 28.01.2019, there was no representation for the appellants and hence was directed to be posted under the caption 'for dismissal' on 29.01.2019.

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2.Today, when the case is taken up for hearing, the learned counsel appearing for the appellants seek some accommodation. Since the appeal is of the year 2007, this Court is not inclined to grant any adjournment.

3.Therefore, the Civil Miscellaneous Appeal is dismissed for default. No costs. Consequently the connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mbi To The Motor Accident Claims Tribunal, Sub Court, Dharapuram.

Copy To:

The Section Officer, V.R.Section, High Court, Madras.

+1 cc to M/s.S.Jayasankar, Advocate Sr.No.6940 C.M.A.No.2521 of 2007 and M.P.No.2 of 2007 RSI(CO) CSL/06.03.2019 https://hcservices.ecourts.gov.in/hcservices/