The Managing Director v. M.Latha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN CMA.No.5/2023 & CMP.No.43/2023 The Managing Director Tamil Nadu State Express Transport Corporation Limited Pallavan Salai Chennai 600 002.

.. Appellant Vs.

1.M.Latha 2.S.M.Pavithra [Minor] 3.S.M.Vignesh [Minor] RR2&3 are minors rep.by their mother and natural guardian M.Latha .. Respondents Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 26.06.2020 made in MCOP No.2287/2016 on the file of the Motor Accident Claims Tribunal / II Court of Small Causes, Chennai.

For Appellant :

Mr.K.Kathiresan

JUDGMENT

[Judgment of the Court was delivered by S.S.SUNDAR, J.,] (1) The appellant is the Tamil Nadu State Express Transport Corporation Limited and the present appeal is preferred as against the Award of the Motor Accidents Claims Tribunal, namely, the II Court of Small Causes, Chennai, awarding a compensation of Rs.26,05,000/- to the claimants / respondents herein who are the legal heirs of the deceased.

(2) The Tribunal has given specific findings on all the issues based on the evidence of PW.1 and PW.2 apart from the documents Exs.P1 to P10. The appellant/Transport Corporation remained exparte throughout the proceedings and therefore, no one was examined and no document was marked on behalf of the appellant. (3) When this was pointed out to the learned counsel for the appellant, the learned counsel prayed for withdrawal of the Civil

Miscellaneous Appeal with a leave to file a petition to set aside the exparte decree in MCOP.No.2287/2016. He also states that no application was filed before the Trial Court after the exparte order was pronounced. It is also stated by the learned counsel that no notice was served after the dismissal of MCOP No.2287/2016 earlier for default.

(4) Considering the fact that the Appeal cannot be now entertained on merits having regard to the specific findings which are unassailable, this Court is inclined to permit the appellant to withdraw the appeal with liberty to file a petition to set aside the exparte decree under Order 9 Rule 13 of CPC.

(5) Accordingly, this Civil Miscellaneous Appeal stands dismissed as withdrawn. Liberty sought for, is granted. No costs. consequently, connected miscellaneous petition is closed. [SSSRJ] [AANJ] 06.01.2023 AP Internet : Yes : Yes / No

To 1.The Judge, Motor Accidents Claims Tribunal II Small Causes Court Chennai.

2.The Managing Director Tamil Nadu State Express Transport Corporation Limited Pallavan Salai Chennai 600 002.

3.The Section Officer VR Section, High Court Chennai.

S.S.SUNDAR, J., AND A.A.NAKKIRAN, J., AP 06.01.2023