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Madras High CourtCMP/18562/2024dismissed as infructuous

The New India Assurance Co Ltd v. Marathal

2024-09-27Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice R. Kalaimathi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2024

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MRS. JUSTICE R.KALAIMATHI The New India Assurance Co.Ltd., No.11-19, 20, II Floor, Peoples Park Road, Coimbatore, having branch at Puliampatti.

...Petitioner/Appellant

Vs.

1. Marathal W/o Chinnakannan

2. Shardha Terry Products Ltd., No.125, Arts College Road, Coimbatore.

...Respondents/Respondents.

Civil Miscellaneous Petition filed under 173(1) of the Motor Vehicles Act, 1988. to condone the delay of 333 days in filing the appeal. Page 1/4

Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 07.12.2022 made in M.C.O.P.No.177 of 2020 on the file of Motor Accident claims Tribunal, Sub Court, Sathiymangalam.

For Petitioner/Appellant : Ms.C.Bhuvanasundari For Respondent : Mrs.P.T.Saleem Fathima

O R D E R

(The order of the Court was made by Mrs.J.Nisha Banu,J.) Today, when the above condone delay petition is taken up for hearing, the learned counsel for the petitioner/Insurance Company would state that Appeal filed by the claimant in C.M.A.No.293 of 2024 was settled before the Lok Adalat on 14.09.2024 and therefore, nothing survives for further adjudication in the present petition and the same may be dismissed as infructuous.

Page 2/4

2. Accordingly, the condone delay petition is dismissed as infructuous and consequently, the Appeal is also dismissed at the SR stage itself. No costs.

(J.N.B,J.) (R.K.M., J.) Index : Yes / No 27.09.2024 Internet : Yes vsi To The Motor Accident Claims Tribunal, Sub Court, Sathiymangalam.

Page 3/4

J. NISHA BANU, J.

R.KALAIMATHI,J.

vsi 27.09.2024 Page 4/4