Madras High CourtCMA(MD)/152/2018dismissed as abated

Mary Packiam, v. Jayakrishnan,

2022-12-07Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.12.2022

CORAM

THE HONOURABLE MRS.JUSTICE R.THARANI Mary Packiam ... Appellant/ petitioner Vs 1.Jeyakrishnan 2.New India Assurance Company Ltd., T.Nagar, Chennai Branch, represented by its Branch Manager ... Respondents / Respondents (1st respondent herein is given up in this CMA) PRAYER :- This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the decree and judgment dated 05.10.2012 passed in M.C.O.P.No.97 of 2011 on the file of the Motor Accidents Claims Tribunal / First Additional District Judge, Thoothukudi, dismissing the claim petition in so far as second respondent is concerned, by allowing this Civil Miscellaneous Appeal.

For Appellant : Mr.G.Aravinthan For R2 : Mr.A.Ilango 1 / 4

JUDGMENT

This Civil Miscellaneous Appeal is pending for taking steps for the deceased first respondent. The matter was listed before me on 28.10.2022, 15.11.2022 and 22.11.2022. Again the matter was taken up for hearing today(07.12.2022). Even today, steps for the deceased R1 was not taken. There is no use in keeping the matter pending any further. 2.Hence, this Civil Miscellaneous Appeal is dismissed for abated. No costs.

07.12.2022 Index: Yes / No Internet : Yes / No pnn 2 / 4

To 1.The Motor Accidents Claims Tribunal / First Additional District Judge, Thoothukudi.

2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 3 / 4

R. THARANI, J pnn 07.12.2022 4 / 4