Buthisali v. Pushpalatha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2024

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Buthisali .... Appellant vs.

1. Pushpalatha

2. National Insurance Company Divisional Office No.1, L.R. Building, Saratha College Road, Salem - 7.

.... Respondents Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, against the Judgment and Decree dated 06.12.2007 passed in MCOP No.47 of 2004 on the file of the Additional District Court / Fast Track Court No.1, Salem.

For Appellant :Ms. R. Meenal

JUDGMENT

The learned counsel for the appellant submits that the sole appellant is dead. She has also informed to this Court that a 1/3

communication was sent to the appellant by Registered Post with Acknowledgement Due. The said letter was returned with an endorsement "deceased". Since steps have not been taken to bring on record the Legal Heirs of the deceased appellant, till date, this appeal is dismissed as abated. Liberty is granted to the Legal Heirs of the deceased appellant to file appropriate application seeking to set aside the order of abatement. No costs.

25.06.2024 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To

1. The Additional District Judge, Additional District Court / Fast Track Court No.1, Motor Accident Claims Tribunal, Salem.

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

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ABDUL QUDDHOSE, J.

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