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Madras High CourtCMP(MD)/5779/2024allowed

The Manager v. Maruthammal

2024-04-17Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventeenth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in C.M.A.(MD).No.1184 of 2023 THE MANAGER NATIONAL INSURANCE COMPANY LIMITED, HAVING ITS OFFICE AT D.NO.12A,CONVENT BUILDING, SUB COLLECTOR S OFFICE ROAD, Y.M.R.PATTI, DINDIGUL.

... PETITIONER/APPELLANT Vs 1 MARUTHAMMAL 2 SELVI 3 INDHURANI, 4 THE PROPRIETOR, GAYATHIRI AGENCIES (GENERAL GOODS) RUNNING AT D.NO.H27-67G, R.M.COLONY, DINDIGUL.

... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioner to take substitute service by the respondent No.4 herein by way of paper publication in any one of the Tamil Dailies preferably Malai Murasu in Dindigul District edition and thus render justice. 1/3

Prayer in CMA(MD). 1184/ 2023 :

Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Principal District Judge, Dindigul, in MCOP No.314 of 2019 dated 18.11.2022 and pass such further or other orders as this Honourable Court may deem fit and thus render justice.

ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.D.SIVARAMAN, Advocate for the petitioner, the court made the following order:- This petition has been filed seeking substitute service in respect of the fourth respondent. But, paper publication was already effected in respect of the fourth respondent.

2.In view of the above this civil miscellaneous petition stands dismissed as infructuous.

sd/- 17/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 2/3

TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL.

ORDER

IN in C.M.A.(MD).No.1184 of 2023 Date :17/04/2024 RK/GS (24/04/2024) 3P / 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3