United India Insurance Co Ltd v. E.S.Ramachandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.RAJASEKAR and M.P.No.1 of 2014 United India Insurance Company Limited, SNS Complex, Near Telephone Exchange, L.B.Road, Adyar, Chennai - 600 020.

... Appellant /2nd Respondent Vs.

1. E.S.Ramachandran ... Respondent/Petitioner

2. S.P.Kumar ... Respondent/1st Respondent (R2 was set ex-parte before Tribunal.

Hence, notice to R2 dispensed with) Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 30.04.2014 made in M.C.O.P.No.1088 of 2011 on the file of the Motor Accidents Claims Tribunal, Chennai (IV Court of Small Causes, Chennai).

For Appellant : Mr.A.Dhiravianathan (No appearance) For R1 : No appearance For R2 : Ex-parte before Tribunal 1/4

J U D G M E N T

Earlier, this matter was listed on 03.02.2023, 14.03.2023 and 10.04.2023, there was no representation on behalf of the appellant and hence, the matter was directed to be posted today (18.07.2023)under the caption "for dismissal".

2. Even today (18.07.2023), when the matter is called, again there is no representation on behalf of the appellant. It shows that the appellant is not interested to proceed the case further. Hence, this Court has no other option except to dismiss the same.

3. Accordingly, this Civil Miscellaneous Appeal stands dismissed for default. No costs. Consequently, the connected miscellaneous petition is closed.

18.07.2023 ssi Index : Yes / No Speaking Order : Yes / No 2/4

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

2.The Section Officer, VR Section, High Court, Madras.

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K.RAJASEKAR,J., ssi 18.07.2023 4/4