The Oriental Insurance Co.Ltd.., Neyveli v. N.Palani, S/O. Natesan Achari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2020

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.554 of 2007 and M.P.No.1 of 2007 (Through Video Conferencing) The Oriental Insurance Co. Ltd., Neyveli.

... Appellant/2nd Respondent Vs.

1.N.Palani ..1st Respondent/Claimant 2.P.Duraisamy ... 2nd Respondent/1st Respondent Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Decree and Judgment passed by the Motor Accidents Claims Tribunal, Additional District Court, (Fast Track Court No.3), Vridhachalam, in M.C.O.P.No.160 of 2004 dated 07.04.2005.

For Appellant : Mr.Srinivasan for Mr.M.Rajagopal 1st Respondent : Died *******

J U D G M E N T

When this case is taken up for hearing, it is noticed that though this appeal is of the year 2007, notices on the respondents have remained unserved particularly the contesting respondent, i.e. 1st respondent who was the claimant before the Tribunal. He has also died. Thirteen years have lapsed since the filing of this appeal. There is no confirmation as to whether the notice on the 2nd respondent has been served or not.

2. Considering the same, I am inclined to dismiss this appeal without going into the merits as no steps have been taken by the appellant Insurance Company till date though the appeal is of the year 2007. Accordingly, this Civil https://hcservices.ecourts.gov.in/hcservices/ Page numbers

Miscellaneous Appeal is dismissed. No cost. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jen To The Motor Accidents Claims Tribunal, Additional District Judge, (Fast Track Court No.3), Vridhachalam.

C.M.A.No.554 of 2007 and M.P.No.1 of 2007 VD(CO) CB(12/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers