The Divisional Office v. N. Kannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2019

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI C.M.A.No.239 of 2010 and M.P.No.1 of 2010 The Divisional Office, The New India Assurance Co, Ltd., Officers'Line, Vellore ...Appellant/respondent Vs

1. N.Kannan

2. K. Andal

...Respondents/ Petitioners

3. Parasuram Pillai

...Respondent/1st Respondent

Appeal filed under Section 173 of the Motor Vehicles Act against the Judgment and decree of the learned Motor Accidents Claims Tribunal, Arni in MCOP No.322 of 2002 dated 30.10.2009. For Appellant : Mr.S.C.Ramesh Babu For Respondent 1 and 2 : Mr.P. Sathish Kumar

JUDGMENT

This appeal has been preferred against the Judgment and decree of the learned Motor Accidents Claims Tribunal, Arni in MCOP No.322 of 2002 dated 30.10.2009.

2. On perusal of the records it is seen that this Court on 11.02.2019 has passed the following order:

"It is reported by the learned counsel for the appellant that the third respondent/owner of the vehicle was died. Since, this appeal is filed only on the ground that the liability fixed. Post the matter after two weeks for impleading the legal heirs of the deceased R3."

3. Today, when the matter was taken up for hearing it is reported by the learned counsel for the appellant that the third respondent/ owner of the vehicle died and he further submitted that this appeal may be dismissed as abated.

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4. In view of the above submission made on the learned counsel of the appellant, this Civil Miscellaneous appeal is dismissed as abated.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar smn To 1.The Motor Accidents Claims Tribunal Arni 2.The Section Officer, VR Section, Madras High Court.

+1CC to Mr.P.Satheesh Kumar, Advocate, SR.No.79203. C.M.A.No.239 of 2010 and M.P.No.1 of 2010 GP(CO) CSR: 19/12/2019 https://hcservices.ecourts.gov.in/hcservices/