Nallaponnu v. M/S.The Oriental Insurance

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty First day of August Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.3311 of 2018 IN CMA(MD) No.1669 of 2013 1 NALLAPONNU 2 MINOR.SANTHIYA 3 MINOR.SATHIYAPRABHU ... PETITIONERS/ RESPONDENTS 1-3/ PETITIONERS 1-3 (BOTH THE MINOR PETITIONERS 2 & 3 ARE REPRESENTED BY NALLAPONNU) Vs 1 M/S.THE ORIENTAL INSURANCE CO., LTD., A.A.COMPLEX, 1ST FLOOR, NI.159, KUMARAN ROAD, THIRUPPUR.

... RESPONDENT-1/ APPELLANT/ RESPONDENT-2 2 S.SATHEESKUMAR ... RESPONDENT-2/ RESPONDENT-4/ RESPONDENT-1 3 K.VIRUMANDI ... RESPONDENT-3/ RESPONDENT-5/ RESPONDENT-3 4 THE MANAGER, UNITED INDIA INSURANCE CO., LTD., BRANCH OFFICE, CHOTTALAKSHMI COMPLEX, THIRUNAGAR, MADURAI.

... RESPONDENT-4/ RESPONDENT-6/ RESPONDENT-4 5 KALIMUTHU ... RESPONDENT-5/ RESPONDENT-7/ RESPONDENT-5 6 K.MUTHUPILLAI ... RESPONDENT-6/ RESPONDENT-8/ RESPONDENT-6 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass necessary orders by allowing this petition and thereby permit the petitioners to withdraw 50% of the Tribunal Award amount together with accrued interest and costs which was deposited by the respondent/appellant in M.C.O.P.No.25/2011 on the file of Motor Accident Claims Tribunal cum Additional District Court and Sessions Court, Periakulam and pass such further or other orders as this https://hcservices.ecourts.gov.in/hcservices/

Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

Prayer in CMA(MD). 1669/ 2013 :

To set aside the order of the Tribunal of Motor Accident Claims Tribunal cum Additional District Court and Sessions court, Periakulam made in M.C.O.P. No. 25 of 2011 dated 15.09.2012 and allow the appeal with costs.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of the petitioner not appeared either in person or by an advocate, the court made the following order:- When the matter was taken up for hearing on 20.08.2018, there was no representation on behalf of the petitioner. Hence, the matter is posted today i.e. on 21.08.2018, under the caption for dismissal. Today also there is no representation for the petitioner. Hence, this petition is dismissed for non-prosecution. sd/- 21/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PERIAKULAM.

ORDER

IN CMP(MD) No.3311 of 2018 IN CMA(MD) No.1669 of 2013 Date :21/08/2018 MS/PN/SAR-1/06.09.2018/2P.2C https://hcservices.ecourts.gov.in/hcservices/