The National Insurance v. S. Anandaramu 20 Years

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 26.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CMA.No.1148 of 2012 and M.P No.1 of 2012 The National Insurance Co. Ltd Rep. by its Branch Manager 12, New Hospital Road Gobi Town in Verrapandi Village in Gobi Taluk ..Appellant Vs.

1.Anandaramu 2.Sasikala 3.Janaki 4.Lakshmi 5.Loganathan 6.Managing Director Sri Sakthi Transport Bus Co. Ltd., 34, Poiyerrikarai, Maikalpalayam Anthiyur Village and Casba Bhavani Taluk .. Respondents Prayer: This Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and award dated 30.09.2005 passed in M.C.O.P.No.151 of 2003 by the FIrst Additional Subordinate Judge, Motor Accident Claims Tribunal, Gobichettipalayam.

For Appellant : Mr. S.Arunkumar For Respondents : Mr.Ma.P. Thangavel-R1 to R4 Notice unserved to R5 Notice served to R6

J U D G M E N T

When the matter is taken up today for hearing, Mr.Ma.P.Thangavel, learned counsel appearing for the respondents/claimants 1 to 4 would submit that the claim petition in M.C.O P No.151 of 2003 was filed on 21.01.2003 and the award was passed by the Tribunal in the aforesaid claim https://hcservices.ecourts.gov.in/hcservices/

petition on 30.09.2005. Subsequent to the award passed by the Tribunal, the respondents/claimants 1 to 4 had withdrawn the entire compensation amount in the year 2006 itself.

2. As seen from the records, after the withdrawal of the amount by the respondents/claimants 1 to 4, this appeal has been filed on 14.08.2006 before this Court and the same was numbered only in the year 2012. Therefore, the present appeal is not maintainable and the same has come infructuous. Eventhough the appeal has been filed in the year 2006, it was numbered only after 6 years. Therefore, in view of the aforesaid reasons, at the instance of time, there is no warrant to adjudicate the matter on the merits of the appeal. Therefore, recording the submissions made by the learned counsel for the respondents/claimants 1 to 4, this Civil Miscellaneous Appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar uma To

1. The First Additional Subordinate Judge, Motor Accident Claims Tribunal, Gobichettipalayam.

2. The National Insurance Co. Ltd 12, New Hospital Road Gobi Town in Verrapandi Village in Gobi Taluk

3. Section Officer, V.R.Section, Madras High Court, Chennai-104.

+1cc to Mr.S.Arunkumar, Advocate, S.R.No.19972 CMA No.1148 of 2012 and M.P No.1 of 2012 SMI(CO) CB(07/07/2021) https://hcservices.ecourts.gov.in/hcservices/