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Madras High CourtCMA/91/2014dismissed as abated

Saraswatjhi v. N.Panneerselvam

2021-09-24Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2021

CORAM:

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE C.M.A.NOS.91 AND 93 OF 2014 Saraswathi ...Appellant/Claimant in CMA No.91 of 2014 Thangammal ...Appellant/Claimant in CMA No.93 of 2014

Versus

1. N.Pannerselvam ...I Respondent/I Respondent

2. M/s.United India Insurance Company Bank Road, Ootacamand Nilgiris.

...II Respondent/II Respondent Prayer in CMA No.91 of 2014 : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 29.09.2011 and made in MCOP No.112 of 2006 on the file of Motor Accident Claims Tribunal, (Subordinate Judge), at Mettur and praying to set aside the same by enhancing the compensation as prayed for.

Prayer in CMA No.93 of 2014 : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 29.09.2011 and made in MCOP No.114 of 2006 on the file of Motor Accident Claims Tribunal, (Subordinate Judge), at Mettur and praying to set aside the same by enhancing the compensation as prayed for.

For Appellant : Mr.P.Jagadeesan For Respondents : Ms.I.Malar for R2 R1 - Served - No appearance

COMMON JUDGMENT (Heard video conference) The learned counsel for the appellant submits that the appellant in CMA Nos.91 and 93 of 2014 are dead. He would further submit that he is unable to contact the Legal Representatives of the respective deceased. Till date, no steps have been taken to bring on record the Legal Representatives of the deceased appellant in CMA Nos.91 and 93 of 2014. Since the Legal Representatives of the respective deceased have not been brought on record, both the Civil Miscellaneous Appeals are dismissed as abated. No costs.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar vsi2 To

1. The Subordinate Judge, Motor Accident Claims Tribunal, Mettur.

2. The Section Officer, V.R. Section, High Court of Madras, Chennai - 104.

+2ccs to Mr.P.Jagadeesan, Advocate, S.R.No.49402 & 49404 C.M.A.Nos.91 and 93 of 2014 MG(CO) RLP(08/11/2021)