M.Santhosh (Minor) v. D.Gopinath

C.M.A.No.3734 of 2019 THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI C.M.A.No.3734 of 2019 M.Santhosh(minor) S/o.Muniraj Rep. by mother and Guardian, Dhanalakshmi, No.32/21, Annai Kulathamman Koil Street, Rataivadai Street, Kosapet, Vellore - 1.

... Appellant/Petitioner Vs.

1. D.Gopinath

2. The New India Assurance Co.Ltd., Rep. by its Divisional Manager, No.1, Officers Line, CSI Building, Vellore - 1.

... Respondents/Respondents Prayer: Civil Miscellaneous Appeal filed under Order 41 Rule 21 of Code of Civil Procedure, 1908, against the judgment and award passed by the learned Judicial Magistrate, Vellore made in M.A.C.T.O.P.No.204/2008 dated 19.01.2010 in respect of the quantum of 204/2008 dated 19.01.2010 For Appellant : Mr.K.Raghuraman For Respondents : Not ready in notice [R2] No appearance [R1] ***** https://www.mhc.tn.gov.in/judis 1/2

C.M.A.No.3734 of 2019 M.DHANDAPANI, J.

rap

JUDGMENT

When the appeal is taken up for hearing today, the learned counsel appearing for the appellant submitted that during the pendency of the appeal the sole appellant (minor) passed away and he requested the legal heirs of the deceased appellant to contest the case on behalf of the appellant. However, they have not come forward to contest the case.

2. In view of the above submission, this Civil Miscellaneous Appeal is dismissed as abated. No costs.

23.11.2023 Index : Yes / No Speaking order / Non-speaking order rap To 1.The Motor Accident Claims Tribunal, Vellore 2.The Section Officer,V.R.Section, High Court, Madras.

C.M.A.No.3734 of 2019 https://www.mhc.tn.gov.in/judis 2/2