M. Anthony v. M/S H.A.K. Traders

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN C.M.A. No.3215 of 2011 M.Anthony ... Appellant

Versus

1.M/s.H.A.K.Traders, No.60/3, Godown street, Flower Bazar, Chennai.

2.The New India Assurance Company Limited, No.45, Moore street, V Floor, Chennai - 1.

(The 1st respondent set exparte in lower Court, hence, notice may be dispensed with) ... Respondents Prayer: Civil Miscellaneous Appeal filed under section 173 of Motor Vehicle Act, 1988 against the Judgment and Decree dated 20.06.2011 made in M.C.O.P.No.2124 of 2008 on the file of Motor Accident Claims Tribunal, Additional District Judge (II Fast Track Court), Chennai.

For Appellant : Mr.S.V.Mohan Choudary For Respondents : Exparte (for R1) : Mr.S.Jayasankar (for R2)

J U D G M E N T

The prayer in the Civil Miscellaneous Appeal is against the Judgment and Decree dated 20.06.2011 made in M.C.O.P.No.2124 of 2008 on the file of Motor Accident Claims Tribunal, Additional District Judge (II Fast Track Court), Chennai. 2.Today, when the matter was taken up for consideration, the learned counsel appearing for the petitioner would submit that during the pendency of this Civil Miscellaneous Appeal, the sole appellant namely Anthony died on 17.07.2012 and to that effect, a Memo has been filed by the learned counsel for the appellant, which is enclosed with the Death Certificate of https://hcservices.ecourts.gov.in/hcservices/

Anthony / appellant herein and hence the proceedings shall stand abated.

3.Recording the above submission made by the learned counsel for the appellant, the Civil Miscellaneous Appeal is dismissed as abated. No costs.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar klt To The Motor Accident Claims Tribunal, Additional District Judge (II Fast Track Court), Chennai.

Copy To The Section Officer, VR Section, High Court, Madras C.M.A.No.3215 of 2011 MG(CO) GMY(09/04/2019) https://hcservices.ecourts.gov.in/hcservices/