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Madras High CourtCMA/2789/2013dismissed as abated

Sivakumar v. Ramasamy

2022-09-26Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 26.09.2022

CORAM:

THE HONOURABLE Ms. JUSTICE P.T. ASHA and M.P.No.1 of 2013 Sivakumar ... Petitioner/Appellant Vs.

1.Ramasamy 2.The Divisional Manager, United India Insurance Company Limited, No.46, Katpadi Salai, Vellore.

... Respondents/Respondents Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act against the Award and Decree dated 28.12.2006 in M.C.O.P.No.1104 of 2002 on the file of the learned District Judge, Motor Accidents Claims Tribunal, Thiruvannamalai. 1/4

For Appellant :

Mr.A.Subadra For Respondent :

Ms.R.Sree Vidhya for R2 R1 - Died

ORDER

It is seen that as early as from 2014, the appellant had not appeared before the Lok Adalat and the notice which has been issued by the Lok Adalat to the claimant has been returned with an endorsement "deceased". The order of the Lok Adalat dated 19.09.2018 would indicate the same. Considering the fact that we are in the year 2022 and no steps have been taken to bring on record the legal representatives of the deceased, this Civil Miscellaneous Appeal is dismissed as abated. No costs. Consequently, connected Miscellaneous Petition is closed.

26.09.2022 Index : Yes/No Internet : Yes/No Speaking order / Non speaking order mps 2/4

To The District Judge, Motor Accidents Claims Tribunal, Thiruvannamalai.

3/4

P.T. ASHA, J, mps and M.P.No.1 of 2013 26.09.2022 4/4