Madras High CourtCMA/885/2005dismissed for default

New India v. Ramayal

2019-06-18Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2019 CORAM :

THE HONOURABLE MR. JUSTICE R. MAHADEVAN C.M.A.Nos.885 & 886 of 2005 and C.M.P.Nos.4936 & 4937 of 2005 New India Assurance Co. Ltd., rep. by its Branch Manager, No.12, New Hospital Road, Gobichettypalayam.

... Appellant in both appeals Vs.

1.Ramayal 2.Murugesan 3.Ayyammal 4.Palaniammal 5.Arasammal ... Respondents 1 to 5/Petitioner 6.Ravikumar ... 6th Respondent/1st Respondent in C.M.A.No.885 of 2005 [The 2nd respondent herein was set exparte before the lower Court, hence notice to him may be dispensed with] 1.Ramayal 2.Ravikumar ... Respondents in C.M.A.No.886 of 2005 [The 2nd respondent herein was set exparte before the lower Court, hence notice to him may be dispensed with] Civil Miscellaneous Appeals in C.M.A.Nos.885 and 886 of 2003 filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 14.06.2004 made in M.C.O.P.Nos.319 and 236 of 2003, respectively, on the file of the Motor Accident Claims Tribunal (Principal Sub-Court) Gobichettypalayam.

For Appellant : No appearance in both appeals For R1 : Mr.P.R.Shankar in both appeals https://hcservices.ecourts.gov.in/hcservices/

For R2 to R5 : Mr.P.R.Balasubramaniam in C.M.A.No.885 of 2005 For R2 : Mr.Nirmaleswar in C.M.A.No.886 of 2005 For R6 : Mr.Nirmaleswar in C.M.A.No.885 of 2005 C O M M O N J U D G M E N T When these appeals were taken up for hearing on 04.06.2019, there was no representation for the appellant Insurance Company. Hence, the matter was directed to be listed today, i.e., on 18.06.2019, under the caption "For dismissal". 2.Today, when the case is called, there is no representation on behalf of the appellant in both the appeals. Hence, these Civil Miscellaneous Appeals are dismissed for default. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar mkn To 1.The Principal Sub Judge, Gobichettypalayam.

2.The Section Officer, VR Section, High Court of Madras.

+1cc to Mr.PR.Balasubramanian, Advocate, S.R.No. 50000 +1cc to Mr.Nirmaleshwar, Advocate, S.R.No. 49506 C.M.A.Nos.885 & 886 of 2005 and C.M.P.Nos.4936 & 4937 of 2005 RSI(CO) GN(21/08/2019) https://hcservices.ecourts.gov.in/hcservices/