Madras High CourtCMA(MD)/687/2017dismissed for default

George, v. Ajikumar

2024-04-24Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2024

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.M.A(MD)No.687 of 2017 and C.M.P(MD)Nos.7128 & 7129 of 2017 George ... Appellant/2nd Respondent Vs.

1.Ajikumar ... 1st Respondent/Petitioner 2.Oriental Insurance Company Limited, Represented by its Manager, Having its Branch Office at P.W.D. Road, Nagercoil, Kanyakumari District.

... 2nd Respondent/3rd Respondent Rajan (Died) (Cause title accepted vide Court order, dated 24.07.2017 made in C.M.P(MD)No.

6787 of 2017 in C.M.A(MD)SR.No.54983 of 2012) PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle Act, to set aside the award of Rs.1,73,865/- (Rs.One Lakh Seventy Three Thousand Eight Hundred and Sixty Five only) (50% of the award 1/4

amount) passed in M.C.O.P.No.17 of 2006, dated 31.07.2012 on the file of the Motor Vehicles Accident Claims Tribunal (Sub Court), Kuzhithurai as against appellant and allow this appeal.

For Appellant : No appearance For R-1 : Mr.S.Sivakumar For R-2 : Mr.C.Jawahar Ravindran

JUDGMENT

Even though this Civil Miscellaneous Appeal is listed today under the caption 'For Dismissal', there is no representation on the side of the appellant both in the morning session as well as in the afternoon session. Hence, this Civil Miscellaneous Appeal stands dismissed for default. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

24.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR 2/4

To 1.The Motor Vehicles Accident Claims Tribunal (Sub Court), Kuzhithurai.

2.The Section Officer, Vernacular Record Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR, J.

BTR C.M.A(MD)No.687 of 2017 24.04.2024 4/4