V.Shanmugam v. C.Amutha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.M.P.(MD)No.1615 of 2022 and C.M.A.(MD) No.SR6897 of 2022 V.Shanmugam

...Petitioner/Appellant

Vs.

1.C.Amutha 2.Minor Reven Kumar Rep by his mother C.Amutha, S/o.Late Palanisamy @ Chinnasamy 3.Minor Saranya Rep by his mother C.Amutha, S/o.Late Palanisamy @ Chinnasamy.

4.The Branch Manager, Cholamandalam MS. General Ins.Co.Ltd., No.5, Anna Plaza, 1st Floor, Karur-639 001.

...Respondents/Respondents

PRAYER in C.M.P.(MD)No.1615 of 2022: This Civil Miscellaneous Petition is filed under Section 173(1) of Motor Vehicles Act, to condone the delay of 398 days in filing the above Civil Miscellaneous Appea. 1/4

PRAYER in C.M.A.(MD)No.SR6897 of 2022: This Civil Miscellaneous Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 to set aside the award made in M.C.O.P.No.506/2015 dated 12.11.2018 on the file of the Motor Accident Claims Tribunal, Kulithalai and fix the liability on the Insurance Company/4th Respondent instead of the appellant Mr.Shanmugam and allow this Civil Miscellaneous Appeal as prayed for.

For Petitioner : No Appearance

ORDER

This application has been filed to condone the delay of 398 days in filing the Civil Miscellaneous Appeal. Even then, when the matter is listed for hearing today, none appeared on behalf of the petitioner. 2.Accordingly, this Civil Miscellaneous Petition is dismissed for non-prosecution. Consequently, the Civil Miscellaneous Appeal is also rejected at the SR stage itself. No costs.

17.03.2023 Index : Yes/No Internet : Yes/No ta 2/4

To 1.The Motor Accident Claims Tribunal, Kulithalai.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

3/4

N.SATHISH KUMAR , J.

ta C.M.P.(MD)No.1615 of 2022 and C.M.A.(MD) No.SR6897 of 2022 17.03.2023 4/4