Madras High CourtCMP(MD)/6972/2018ordered

Gopal v. M.Pandiaraj

2018-07-31Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirty First day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6972 of 2018 IN CMA(MD) No.562 of 2015 GOPAL ... PETITIONER/APPELLANT Vs 1 M.PANDIARAJ 2 ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD, THADIKOMBU ROAD, DINDIGUL, THROUGH ITS MANAGER. ... RESPONDENTS/RESPONDNETS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass orders permitting the petitioner / appellant to take steps through substituted service for the 1st respondent in any one of the Tamil Daily News Papers in Dindigul District for the next posting date of CMA (MD) No.562 of 2015 and thus render justice. Prayer in CMA(MD). 562/2015 :

To allow the present appeal and enhance the award amount and consequently fix the entire liability on the 2nd Respondent Insurance Company and direct to pay the entire compensation by modifying the Award and Decree made in M.C.O.P.No.526 of 2012 on the file of the MACT (Special Sub Court), Dindigul dated 26.11.2013 and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.A.SARAVANAN, Advocate for the petitioner and of MR.S.SRINIVASA RAGHAVAN, Advocate on behalf of the 2nd Respondent, the court made the following order:- This petition has been filed by the petitioner / claimant seeking permission of this Court to order service of notice on the 1st respondent in C.M.A.(MD).No.562 of 2015 by means of substituted service.

https://hcservices.ecourts.gov.in/hcservices/

2. Considering the reasons stated in the affidavit filed in

support of the petition, the petitioner / claimant is permitted to serve notice to the 1st respondent through substituted service by effecting paper publication in any one of the Tamil Daily newspapers which is having wide circulation in the locality, by duly indicating the date of next hearing as 27.08.2018.

3.The said exercise shall be completed on or before 17.08.2018 and the proof of paper publication should be filed before the Registry.

4. This petition is accordingly ordered.

5. The Registry is directed to post the appeal for hearing on 27.08.2018.

sd/- 31/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, SPECIAL SUBORDINATE JUDGE, DINDIGUL

ORDER

IN CMP(MD) No.6972 of 2018 IN CMA(MD) No.562 of 2015 Date :31/07/2018 PK/RR/SAR-1/06.08.2018 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/