Madras High CourtCMP(MD)/5838/2023allowed

Karuppuchamy v. Ismayil

2023-08-10Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Tenth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI CMP(MD)No.5838 of 2023 in CMA(MD). No.1262 of 2022 Karuppuchamy ... Petitioner/Appellant Vs 1 Ismayil 2 The Branch Manager Future General Insurance Company Limited D.No.15 S.I Towers 2nd and 3rd Floor Madurai Road Melapudur Trichy Taluk Trichy District.

... Respondents/Respondents Prayer in CMP(MD) 5838 OF 2023:

Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC to set aside the Civil Miscellaneous Appeal in CMA(MD) No.1262 of 2022 which was dismissed for default on 15.02.2023 and restore on the file. Prayer in CMA(MD) No.1262 of 2022 Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to allow this appeal and enhance the compensation of award passed in M.A.C.O.P. No. 1/4

38 of 2014 on the file of the Motor Accident Claim Tribunal / Special Subordinate Judge, Dindigul dated 10.07.2019 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.C.K.M.Appaji Advocate for the Petitioner and of Mr.T.J.Ebenezer Charles, Advocate for the 1st Respondent and of Mr.S.Srinivasa Raghavan Advocate for the 2nd Respondent, this Court made the following order: This petition has been filed to restore CMA(MD).No.1262 of 2022, which was dismissed for default on 15.02.2023.

2. Heard the learned counsel appearing for the petitioner and the 1st respondent and perused the affidavit filed in support of this petition. Mr.S.Srinivasa Raghavan, learned counsel is already on record for 2nd respondent.

3. Considering the reasons stated in the affidavit filed in support of this petition and that the petitioner has filed this petition in-time, this Court is inclined to allow this petition. Accordingly, this Petition is allowed and CMA(MD).No.1262 of 2022 is restored to file.

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4. It is made clear that in the event of appeal is allowed the petitioner is not entitled to get interest for the default period. Sd/- Assistant Registrar(CS-I) // True Copy // /09/2023 Sub Assistant Registrar(CS) TO The Special Suborinate Judge, Motor Accident Claims Tribunal Dindigul.

Copy to:

1. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai

2. The Section Officer, VR.Section, Madurai Bench of Madras High Court, Madurai., 3/4

Hon`ble Mr.Justice P.VADAMALAI ORDER DATED : 10/08/2023 ========================== Restore ========================== CMP(MD) No.5838 of 2023 in CMA(MD). No.1262 of 2022 Giving direction and etc.

as stated within.

KB(05.09.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4