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Madras High CourtCMA/2402/2021dismissed for nonprosecution

Chimmiri Ajay v. A.Arokiya Daniel

2024-07-05Honourable Mr Justice R. Subramanian,Honourable Mr.Justice R.Sakthivel4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL Chimmiri Ajay ... Appellant Vs.

1.A.Arokiya Daniel 2.The Oriental Insurance Co. Ltd., No.115/116, Second Floor, Oriental House, Prakasam Salai, Broadway, Chennai - 600 108.

... Respondents Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 07.04.2021 made in M.A.C.T.O.P.No.1389 of 2018 on the file of the Motor Accident Claims Tribunal, (Special Sub Court No.1, Motor Accident Claims Petitions) Small Causes Court, Chennai.

For Appellant : Mr.A.G.F.Terry Chella Raja For Respondents : Mrs.M.Sneha, Special Counsel, Health & Family Welfare Department

J U D G M E N T

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(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The Dean, Rajiv Gandhi Government General Hospital has reported that despite issuance of three notices the appellant has not turned up for medical examination by the Board.

2. Hence, it clear that the appellant is not interested in prosecuting the appeal. The learned counsel for the appellant is in unenviable position and the appellant is not picking up his phone calls.

3. Hence, this Civil Miscellaneous Appeal is dismissed for nonprosecution. No costs. (R.S.M., J.) (R.S.V., J.) 05.07.2024 dsa Index : No Internet : Yes : No Speaking order 2/4

To The Special Sub Judge No.1, Motor Accident Claims Tribunal, Small Causes Court, Chennai.

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R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

dsa 05.07.2024 4/4