National Insurance Co. Ltd. v. Rathinam

C.M.A.(MD).No.876 of 2008 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.02.2020

CORAM:

THE HONOURABLE Mrs. JUSTICE R.THARANI C.M.A.(MD).No.876 of 2008 National Insurance Co.Ltd., Rep by its Branch Manager, 333/1, Chekkalai Road, 2nd Floor, Karaikudi.

... Appellant/2nd Respondent Vs.

1.Rathinam 2.Kaleeswari 3.Bhuvaneswari 4.Senthil ... Respondents 1 to 4/ Petitioners 1 to 4 5.Seetha Devi ... Respondent 5/ Respondent 1 PRAYER: This appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award and decree dated 31.10.2007 made in M.C.O.P.No.168 of 2004 on the file of the Motor Accident Claims Tribunal, Principal District Court, Dindigul. For Appellant : No Appearance For R1 to R4 : Mr.R.Sundar For R5 : No Appearance

JUDGMENT

The matter is pending form the year 2008. On 09.12.2019, the appellant side counsel reported no instruction and he has also made an endorsement to that effect. The matter was posted for arguments on 16.12.2019 and the name of the appellant was printed in the cause list.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD).No.876 of 2008 2.Thereafter, the matter was re-posted on 02.01.2020 for arguments and again posted on 13.01.2020. On that day, the appellant was not ready for arguments. Even when the matter is posted today i.e., 04.02.2020 for appellants side argument, there is no representation on the side of the appellant.

3.In the above circumstances, the Civil Miscellaneous Appeal is dismissed for non prosecution.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) dss To The Principal District Judge, Motor Accident Claims Tribunal,Dindigul.

Copy to The Section Officer,(2 copies) V.R.Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.R.SUNDAR, Advocate ( SR-4681[F] dated 04/02/2020 ) C.M.A.(MD).No.876 of 2008 04.02.2020 VB(18.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2