Ramasamy v. Kanniammal (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 30.08.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Ramasamy : 3rd respondent/Appellant Vs.

1.Kanniammal (died) 2.Karpagam 3.R.S.Govindasamy 4.United India Insurance Company Limited, 1940-B, Tricy Road, Ramanathapuram, Coimbatore.

: Respondents (Memo dated 03.01.2013 filed on 04.01.2023 in USR.No.68 is recorded, as first respondent died and the appellant and second respondent, who are already on record, are recorded as LRs of the deceased first respondent vide Court order dated 22.12.2020 made in CMA(MD)No.416/2010) PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, against the order dated 31.01.2005 made in M.C.O.P.No.724 of 2003 on the file of the Motor Accident Claims Tribunal (District Court) Karur.

For Appellant : No Appearance For Respondents : Mr.A.S.Mathialagan, for R4. : No Appearance, for R2 & R3.

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J U D G M E N T

The Civil Miscellaneous Appeal is directed against the order dated 31.01.2005 made in M.C.O.P.No.724 of 2003 on the file of the Motor Accident Claims Tribunal (District Court) Karur.

2. When the matter was taken up for hearing on 26.07.2023, the learned counsel for the appellant would submit that they have already filed a memo dated 24.07.2023 reporting no instructions. Despite printing the name of the appellant, there was no representation for the appellant on 10.08.2023 and the matter was ordered to be listed on 30.08.2023, under the caption for dismissal.

3. Even today (i.e., 30.08.2023), there is no representation for the appellant. Hence, this Civil Miscellaneous Appeal is dismissed for nonprosecution. No costs. 30.08.2023 NCC : Yes : No Index : Yes : No Internet : Yes : No das 2/4

To 1.The Motor Accident Claims Tribunal (District Court) Karur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

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