The Oriental Insurance Company Limited v. P.Manila

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Thirteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR IN CMA(MD) No.423 of 2016 The Oriental Insurance Company Limited, Represented Through its Divisional Manager,Divisional Office, Saradha Shopping Complex, Simmakkal,Madurai- 625 001.

... Petitioner/Petitioner Vs 1 P.Manila 2 S.Prabakaran 3 P.Sivadharshini 4 M.Subha ... Respondents/Respondents (4th Respondent Remained Exparte Before the Lower Court) Prayer in CMP(MD) No.4035 of 2022 :- This Civil Miscellaneous Petition is filed under section 151 OF C.P.C., to set aside the order passed in CMA (MD) No. 423 of 2016 and CMP (MD) No.5698 of 2016 dated 25.04.2019 and restore the appeal on file for further hearing. Prayer in CMA(MD)No.423 of 2016:- This Civil Miscellaneous Appeal is filed under section 173 of Motor Vehicle Act, 1988 in MCOP No.2216 of 2014 dated 29.01.2016, on the file of the Motor Accident Claims Tribunal cum V Additional District Judge, Madurai. 1/3

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.Jawahar Ravindran, Advocate for the Petitioner and of Mr.M.Palani Samy For R1 to R3, Mr.G.Gomathisankar, Advocate for the fourth respondent this Court made the following order:

The Civil Miscellaneous Petition has been filed seeking orders to set aside the order, dated 25.04.2019 in CMA(MD)No.423 of 2016 and CMP(MD)No.5698 of 2016 and restore the appeal on file for further hearing. 2.The learned counsel for the respondents would submit that they have not raised any serious objections to allow this petition.

3. Heard both sides and perused the records.

4. Considering the facts and circumstances of the case and also taking note of the fact that no objections stated by the other side, this petition is allowed. Registry is directed to restore the appeal and refer the matter before the Lok Adalat. Sd/- Assistant Registrar (CS-II) // True Copy // /07/2023 Sub Assistant Registrar(CS) 2/3

TO The V Additional District Judge/Motor Accident Claims Tribunal Madurai. Copy to:

1.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES)

2. The Deputy Registrar, Lok Adalat, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 13/07/2023 ==========================

ORDER

========================== IN CMA(MD) No.423 of 2016 Giving direction and etc.

as stated within.

RD(28/07/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3