Madras High CourtCMP(MD)/1471/2022allowed

Kaliammal v. Subramanian

2022-09-13Honourable Mr Justice A.A.Nakkiran2 pages

CMP(MD). No.1471 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Thirteenth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CMP(MD). No.1471 of 2022 in C.M.A(MD).NO.448/2020 1.Kaliammal 2.Minor Jeyapandeeswari 3.Minor Muthupandeeswari 4.Guruvammal (Minors 2 and 3 Petitioners through their guardian and mother 1st Petitioner).

... Petitioner/Appellants -Vs- 1 Subramanian 2 The Branch Manager, National Insurance Co. Ltd, Thoothukudi.

3 Ganesan, (3rd Respondent Impleaded by Lower Court).

... Respondents/Respondents Prayer in CMP(MD). No.1471 of 2022 in C.M.A(MD).NO.448/2020 : Civil Miscellaneous Petition filed under Order 41 Rule 19 of C.P.C., to pleased to set aside the dismissal order dated 04.01.2022 passed in CMA(MD) No. 448 of 2020 and restore the said Civil Miscellaneous Appeal and thus render justice. Prayer in C.M.A(MD).NO.448/2020 :

Civil Miscellaneous Appeal filed U/s 173 of the Motor Vehicles Act to allow the appeal and set aside the judgment and decree dated 04.08.2015 made in M.C.O.P. No. 183 of 2010 on the file of the learned Motor Accident Claims Tribunal (Chief Judicial Magistrate ), Virudhunagar at Srivilliputtur and thereby award Compensation of Rs. 10,00,000 (Rupees Ten Lakhs only) with interest by allowing the said original petition and thus render justice. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. S.Muniyandi, Advocate for the Petitioner and of Ms. P.Malini, for the 2nd Respondent this Court made the following order, https://www.mhc.tn.gov.in/judis 1/2

CMP(MD). No.1471 of 2022 This petition has been filed to set aside the dismissal order dated 04.01.2022 passed in CMA(MD) No.448 of 2020 and restore the said civil miscellaneous appeal.

2. The learned counsel for the second respondent does not have any objection for allowing the petition.

3.Being satisfied with the reasons stated in the affidavit filed in support of the petition, this Civil Miscellaneous Petition is allowed and CMA(MD) No.448 of 2020 is restored to file. Sd/- Assistant Registrar (CS I) // True Copy // /09/2022 Sub Assistant Registrar(CS) TO

1. The Motor Accident Claims Tribunal (Chief Judicial Magistrate ), Virudhunagar at Srivilliputtur Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 13/09/2022 ========================== RESTORE ========================== CMP(MD). No.1471 of 2022 IN C.M.A(MD)448 OF 2020 Giving direction and etc.

as stated within.

SS/19/09/2022/ 2P 3C https://www.mhc.tn.gov.in/judis 2/2