Madras High CourtCMA(MD)/1389/2013dismissed for nonprosecution

Papanasam, v. Rajab Mohammed

2021-09-17Honourable Mrs Justice R. Tharani2 pages

C.M.A.(MD)No.1389 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.09.2021

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI C.M.A.(MD)No.1389 of 2013 Papanasam ..Appellant/Claimanant Vs.

1.Rajab Mohammed 2.Sikkandar Beevi 3.National Insurance Company Ltd., Having office at, Opposite to Head Post office, No.37C, S.N.High Road, Tirunelveli.

.. Respondents/Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award and decree dated 18.06.2010, passed in M.C.O.P.No.410 of 2008 on the file of the Additional Motor Accident Claims Tribunal, Additional Sub Judge, Tenkasi and to enhance the compensation as prayed for. For Appellant : No Appearance For Respondents 1 and 2 : Mr.J.N.Abdul Rahman For 3rd Respondent : Ms.P.Malini

JUDGMENT

This case is pending from the year 2013 onwards. The matter was placed before me on 02.07.2021, 20.07.2021, 06.08.2021 and 25.08.2021. On all hearing dates, there was no representation on the side of the appellant. On 25.08.2021, the matter was adjourned to 17.09.2021 under the caption "for arguments or for orders". Even today (17.09.2021), there is no representation on the side of the appellant. There is no use in keeping the appeal pending any further. Hence, this Civil Miscellaneous Appeal is dismissed for default. No Costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Mrn https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD)No.1389 of 2013 Note : In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Motor Accident Claims Tribunal, Additional Sub Judge, Tenkasi.

2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.MALINI, Advocate ( SR-29598[F] dated 20/09/2021 ) C.M.A.(MD)No.1389 of 2013 17.09.2021 RK (29.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2