Karunakaran v. The New India Assurance Company Ltd

C.M.P.No.9381 of 2022 in C.M.A.No.3699 of 2021 C.M.P.No.9381 of 2022 in C.M.A.No.3699 of 2021 P.T.ASHA, J.

On 15.03.2022, this Court had pronounced orders in C.M.A.No.3699 of 2021 after hearing the learned counsel for the appellant since the respondents, who have been served notice, have not entered appearance.

2.

The first respondent in C.M.A.No.3699 of 2021 has now filed this petition for setting aside the order aforesaid dated 15.03.2022 passed in C.M.A.No.3699 of 2021.

3.

It is seen that a day before the case was heard by this Court the learned counsel had entered appearance. However, the same has not been noted when the matter was listed on 15.03.2022 and therefore, he should not be put to prejudice. 4.

The first respondent/insurance company herein conceded the application to be ordered.

5.

Accordingly, this petition is allowed and the order dated 15.03.2022 passed in C.M.A.No.3699 of 2021 is recalled. https://www.mhc.tn.gov.in/judis

C.M.P.No.9381 of 2022 in C.M.A.No.3699 of 2021 P.T.ASHA, J.

nsd 6.

The Registry is directed to call for the entire records relating to M.C.O.P.No.421 of 2016 on the file of the Motor Accident Claims Tribunal, (II Additional District Court), Vellore @ Ranipet. The learned counsel for the respondents would submit that there is reference to the disability certificate issued by the Medical Board in paragraph no.16(d) of the judgment of the tribunal. The said certificate may also be called for.

Post the matter on 28.06.2022.

17.06.2022 nsd C.M.P.No.9381 of 2022 in C.M.A.No.3699 of 2021 https://www.mhc.tn.gov.in/judis