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Madras High CourtCMA(MD)/1194/2017dismissed for default

K.S.Gurunathan v. Baby @ Saroja

2024-03-22Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

1. K.S.Gurunathan

2. G.Vijyalakshmi ... Appellants in C.M.A.(MD)No.

K.S.Gurunathan ... Appellant in C.M.A.(MD)No.

Vs.

1. Baby @ Saroja

2. United India Insurance Company Ltd., Nethaji By-pass Road, R.P.R. Complex, Dharmapuri represented by its Branch Manager

3. V.Manjunath

4. National Insurance Company Ltd., 33, 2nd Floor, Sagar Complex, K.G.Road, Bangalore and City Civil Court, represented by its Manager ... Respondents in both appeals 1/4

COMMON PRAYER : These Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, to allow the appeals and modify the award passed in M.C.O.P.Nos.65 and 66 of 2003 dated 30.10.2006 on the file of the Motor Accident Claims Tribunal / I Additional District and Sessions Judge (PCR), Thanjavur.

(in both appeals) For Appellant(s) : No appearance For R1 & R3 : No appearance For R2 : Mr.J.S.Murali For R4 : Mr.A.K.Baskara Pandian COMMON JUDGMENT These two Civil Miscellaneous Appeals are directed against the common award passed in M.C.O.P.Nos.65 and 66 of 2003 dated 30.10.2006 on the file of the Motor Accident Claims Tribunal/I Additional District and Sessions Judge (PCR), Thanjavur.

2. Today, this case is listed under the caption 'for dismissal'.

3. It is seen from the records that since there was no representation for the appellant(s) on 14.03.2024 and despite specific directions, batta for 2/4

the third respondent has not been paid and steps for the deceased first respondent has not been taken so far, this Court ordered to post the matter under the caption 'for dismissal' on 22.03.2024 and even today (22.03.2024), there is no representation for the appellant(s) and batta is also not paid. Hence, these Civil Miscellaneous Appeals are dismissed for default. No costs.

22.03.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No csm To:

1. The Motor Accident Claims Tribunal/ I Additional District and Sessions Judge (PCR), Thanjavur. 2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

csm Common Judgment made in Dated : 22.03.2024 4/4