Branch Manager v. Sivasundari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.No.17838 of 2018 The Branch Manager, United India Insurance Company Ltd., Sushmita Complex, Sirkali Town and Taluk.

... Appellant Vs.

1. Sivasundari

2. Anjugam

3. Agoram ... Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Award and Decree made in M.C.O.P.No.288 of 2013, dated 10.04.2018, on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Judge, Mayiladuthurai. For Appellant : Mr.D.Bhaskaran For Respondents : AOS not filed 1/4

J U D G M E N T

The present Civil Miscellaneous Appeal is listed today under the caption for "default cases". Even in the last hearing i.e., 13.02.2023, the appeal was listed under the same caption for "default cases" and this Court has issued the following order.

"2. The learned counsel appearing for the petitioner/s is directed to pay the batta and comply with the other requirements of the Registry on or before 27.02.2023 as a last chance and to file proof of compliance, immediately thereafter.

3. On non-compliance of the requirements of the Registry on or before the specified date as directed by this Court, the present Civil Miscellaneous Appeal shall stand dismissed automatically, insofar as the respondents R1 to R3 are concerned, without any further reference to this Court."

2. Though this Court had directed to pay batta within the stipulated time, the petitioner has not complied with the order of this Court. 2/4

3. In view of the same, the Civil Miscellaneous Appeal is dismissed for default. No costs. Consequently, the connected miscellaneous petition stands closed.

12.06.2023 ssi Index : Yes / No Speaking Order: Yes / No To 1.The Principal Subordinate Judge, Motor Accidents Claims Tribunal, Mayiladuthurai.

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

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K.RAJASEKAR,J., ssi 12.06.2023 4/4