Durga Devi v. M.Amsaveni

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN CMA Nos. 2283 & 2284 of 2018 Durga Devi ... Appellant/Petitioner in C.M.A.No. 2283 of 2018 Ganesh Murthy ... Appellant/Petitioner in C.M.A.No. 2284 of 2018 Vs

1. M.Amsaveni (Since 1st Respondent remained exparte before the Tribunal her presence may be dispensed with)

2. United India Insurance Co. Ltd., No. 134, Greams Road, IV Floor, Anna Salai, Chennai - 600 006.

... Respondents/Respondents in both C.M.As.

Prayer: Civil Miscellaneous Appeals filed under Section 173 of the M.V. Act, 1988 against the Judgment and Decree dated 24.07.2018 made in M.A.C.T.O.P.Nos. 1778 & 1777 of 2017 on the file of the Motor Accident Claims Tribunal and IV Court of Small Causes, Chennai.

For Appellant in both C.M.As.

: Mr. F.Terry Chellaraja For 1st Respondent in both C.M.As.

: Exparte For 2nd Respondent in both C.M.As.

: Mr. S.Arunkumar https://hcservices.ecourts.gov.in/hcservices/

C O M M O N J U D G M E N T Let me not enter into a discussion on the merits raised on the aspects canvassed by the learned counsel for the appellant.

2. These appeals have been field questioning the Judgment of the Tribunal / Motor Accident Claims Tribunal, Chennai / IV Court of Small Causes, Chennai in M.C.O.P.Nos. 1778 & 1777 of 2017 dated 24.07.2018. Both the awards by the Tribunal were exparte awards. However, not satisfied with the compensation granted, these Appeals have been filed.

3. In the meanwhile, the second respondent had filed an application to set aside the exparte awarded.

4. The learned counsel for the appellants have now filed a memo seeking that he would withdraw these Appeals with permission to go back to the Tribunal and contest the MCOPs and an order may be passed by the Tribunal on merits.

5. In view of the same, both these Appeals are dismissed as withdrawn in view of the fact that pending the Appeals, an exparte awards had been sought to be set aside by the respondent. I would direct the Registry to refund the Court fees if any in accordance with law to the appellants. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vsg To The Motor Accident Claims Tribunal The IV Court of Small Causes, Chennai.

Copy to The Section Officer, VR Section, Madras High Court, Chennai.

+1cc to Mr. S.Arunkumar, Advocate, S.R.No.16622 +2ccs to M/s.M.Malar, Advocate, S.R.No.16618,16619 CMA Nos. 2283 & 2284 of 2018 RSI[co] NSK 24/03/2022 https://hcservices.ecourts.gov.in/hcservices/