National Insurance Co. Ltd. v. P.Vijaya, W/O.Late Duraipandy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Third day of March Two Thousand Seventeen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) Nos.8518 to 8520 of 2016 IN CMA(MD) No.772 of 2006 NATIONAL INSURANCE CO. LTD.
THROUGH ITS BRANCH MANAGER, NAGERCOIL, NAGERCOIL VILLAGE, AGASTHEESWARAM TALUK., KANYAKUMARI DISTRICT. ... PETITIONER/APPELLANT in all the petitions Vs 1 P.VIJAYA, 2 R.ANANDA BABU 3 R.ABIRAMI (R2 & R3 Declared as major and guardianship discharged vide order dt.13.11.14 made in MP(MD).NO.1/2014 in CMA.(MD).No.772/2006 by SVJ) 4 R.THANGAPPAN NADAR (DIED) REP. BY LRS. KATTADITHATTU, PUTHANTHURAI POST, DHARMAPURAM VILLAGE, AGASTEESWARAM TALUK KANYAKUMARI DISTRICT.
5 T.SELVAMANI 6 P.KANNAN, 7 I.SELVAM ...RESPONDENTS/RESPONDENTS in all the petitions 8 SELVAMANI 9 UMAPATHY (Respondents 8 & 9 impleaded vide Court order dated 11.11.16 made in MP(MD).No. 2/2014 in CMA(MD).No.772/2006 SMSJ) 10 RATHINASAMY 11 GOMATHI, 12 VIJAYA, 13 ANANDA BABU, 14 ABIRAMI ... RESPONDENTS/PROPOSED RESPONDENTS 8 TO 14 in all the petitions Prayer in CMP(MD). 8518/ 2016 in CMA(MD) No.772 of 2006: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Condone the delay of 4155 days in seeking to set aside the abatement caused by the death of the deceased 4th respondent in CMA No.772 of 2006 on the file of this Honourable Court and render justice.
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Prayer in CMP(MD). 8519/ 2016 in CMA(MD) No.772 of 2006: To set aside the abatement caused by the death of the deceased 4th respondent in CMA No.772 of 2006 on the file of this Honourable Court and render justice.
Prayer in CMP(MD). 8520/ 2016 in CMA(MD) No.772 of 2006: To bring the respondents 8 to 14 herein as the legal representatives of the deceased 4th respondent in the above appeal and record them as respondents 8 to 14 in CMA No.772 of 2006 on the file of this Honourable Court PRAYER IN CMA(MD) No.772 of 2006: Civil Miscellaneous Appeal against the order and decree dated 28.09.2005 passed in M.A.C.O.P.No.104 of 2003 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Nagercoil.
ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.S.SRINIVASA RAGHAVAN, Advocate for the petitioner in all the petitions and of Mr.N.Subramanian, Advocate for R2, R3 & R5 in all the petitions and Mr.N.Mohamed Asif, Advocate for R7 in all the petitions, the court made the following order:- The learned counsel appearing for the petitioner seeks permission of this Court to withdraw these Civil Miscellaneous Petitions and he has also made an endorsement to that effect. In view of the endorsement made by the learned counsel appearing for the petitioner, these C.M.P.(MD).Nos.8518 to 8520 of 2016 are dismissed as withdrawn.
sd/- 23/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, CHIEF JUDICIAL MAGISTRATE, NAGERCOIL sm:BS:SAR 3:11.4.2017:2P/2c
ORDER
IN CMP(MD) Nos.8518 to 8520 of 2016 IN CMA(MD) No.772 of 2006 Date :23/03/2017 https://hcservices.ecourts.gov.in/hcservices/