Madras High CourtCMA(MD)/592/2015dismissed

Branch Manager, v. Mareeswaran,

2020-12-22Honourable Mr Justice K.Murali Shankar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of December Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice K.MURALI SHANKAR CMA(MD). No.592 of 2015 THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD. 3607/21, SATHIYAMOORTHY ROAD, 2nd FLOOR, NEAR DEEM HOSPITAL, PUDUKOTTAI 622 001. ... Appellant/2nd Respondent Vs 1 MAREESWARAN, S/O.THANGAVELU, 7TH WARD, SOUTH ST.,, KARIVALAMVANTHANALLUR, SANKARANKOVIL TALUK,, TIRUNELVELI DISTRICT..

... 1st Respondent/Petitioner (R1 dismissed for default vide order dated 27.06.2018) 2 M/S.RATHIMEENA ROADWAYS, AP.614-B, KATHIRAVAN COLONY, 16TH MAIN ROAD,, ANNA NAGAR, CHENNAI.

(2ND RESPONDENT REMAINED EXPARTE BEFORE THE LOWER COURT). ... 2nd Respondent/1st Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Motor Accidents Claims Tribunal cum Sub Judge, Valliyoor, dated 02.12.2014 made in MCOP No.254 of 2012. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Tuesday, the Eighth day of December Two Thousand and Twenty, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of MR.K.BHASKARAN, Advocate for the Appellant and the 1st respondent is dismissed for default vide order dated 27.06.2018 and the 2nd respondent is remained as exparte before the trial Court, having stood over for consideration till this day, this Court doth order and decree as follows:-

(1) That the judgment and decree passed by the Motor Accidents https://hcservices.ecourts.gov.in/hcservices/ Claims Tribunal cum Sub Judge, Valliyoor, dated 02.12.2014 passed in

MCOP No.254 of 2012 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed and

(2) That the parties be and hereby are directed to bear their own costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Sub Judge, The Motor Accidents Claims Tribunal cum Sub Court, Valliyoor Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1cc to Mr.K.Bhaskaran - Advocate - SR NO 26911 DATED : 22/12/2020 ========================== DECREE ========================== CMA(MD). No.592 of 2015 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accidents Claims Tribunal cum Sub Judge, Valliyoor, dated 02.12.2014 made in MCOP No.254 of 2012 KK(29.01.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/