The Managing Director,, Tnstc.Kancheepuram v. J. Rajendiran

IN T HE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.01.2023

CORAM

THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN and M.P No.1 of 2013 The Managing Director Tamil Nadu State Transport Corporation Villupuram Limited Kancheepuram.

... Appellant ..Vs..

1.Rajendiran 2.Mallika ... Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 59 of 1988 against the judgment and decree dated 09.01.2013 made in M.C.O.P No.27 of 2009 on the file of the Motor Accident Claims Tribunal/ Sub Judge, Gingee.

For Appellant : S.Sairaman For Respondents : R1 - Died R2 - No Appearance 1/5

JUDGMENT

When the matter was taken up for hearing on 13.12.2022, the learned counsel appearing for the appellant/Transport Corporation submitted that the 1st respondent/1st claimant died and he sought time to take steps to bring on record the legal heirs of the deceased 1st respondent and hence, the matter was directed to be posted on 05.01.2023. On 05.01.2023, on the request made by the learned counsel for the appellant, this case was directed to be posted today i.e on 12.01.2023.

2. Though this Court had given an opportunity to take steps to implead the legal heirs of the deceased 1st respondent, the learned counsel for the appellant/Transport Corporation did not take any steps to implead themselves as parties. Hence, the Civil Miscellaneous Appeal is dismissed with a liberty to the appellant to file a restoration application, after getting the L.R particulars of the deceased 1st respondent. No costs. Consequently, connected Miscellaneous Petition is closed.

12.01.2023 Index:Yes/No Speaking/Non-speaking Order uma 2/5

To 1.The Sub Judge, Gingee 2.The Section Officer V.R.Section, High Court of Madras.

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A.A.NAKKIRAN, J.

uma and M.P No.1 of 2013 4/5

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