Madras High CourtCMA(MD)/1967/2013dismissed for default

R.Lakshmi, (Died) v. The Tamil Nadu State Transport

2022-11-09Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :09.11.2022

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI C.M.A.(MD)No.1967 of 2013 1.R.Lakshmi (died) 2.R.Rajeswari 3.Thamizh Selvi 4.Paramasivam (Appellants 3&4 are brought on record as LR's of the deceased first appellant, vide Court order dated 04.06.2015, MP(MD)No.1 of 2015) ... Appellants / Petitioners Vs.

1.The Tamil Nadu State Transport Corporation Ltd., Rep. By its Managing Director, Bye Pass Road, Madurai Town, Madurai District.

2.A.Saravana Selvakumar 3.The National Insurance Co. Ltd., Rep. By its Divisional Manager, No.3, North Veli Street, Madurai Town, Madurai District. ... Respondents / Respondents 1 / 4

Prayer: This Civil Miscellaneous Appeal is filed under Order 43 Rule 1(Q) of Civil Procedure Code, against the fair and decreetal order, dated 30.05.2013, made in M.C.O.P.No.181 of 2011, on the file of the Motor Accident Claims Tribunal-Chief Judicial Magistrate, Sivagangai. For Appellants : Mr.R.Gunasekar for M/s.Sarvabhauman Associates For Respondents : Mr.D.Sivakumar for R1 : Mr.S.Thamizharasan for R2 : Ms.P.Malini for R3

JUDGMENT

Today (09.11.2022), when the matter is taken up for hearing, the learned counsel for the appellants is not ready for arguments.

2. This matter is placed before me, on 29.09.2022, 13.10.2022 and 27.10.2022, at that time, the learned counsel for the appellant was not ready for argument and the case was adjourned to 31.10.2022. On 31.10.2022, since the learned counsel for the appellant was not ready for argument, the matter was adjourned to 09.11.2022, under the caption "for arguments or for orders". Even today (ie.09.11.2022), when the matter was called, the learned counsel for the appellant is not ready for argument. The respondents side ready for arguments.

2 / 4

There is no use in keeping the case pending any further. Already sufficient opportunity was given tot he appellants. Hence, this Appeal is dismissed for default. No costs.

09.11.2022 Index : Yes/No Internet : Yes/No Ls 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 Sub Judge - Motor Accident Claims Tribunal, Kulithalai.

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

3 / 4

R. THARANI, J.

Ls Judgment made in C.M.A.(MD)No.1967 of 2013 09.11.2022 4 / 4