This court dismissed a civil miscellaneous appeal filed against an accident claims tribunal award for non-prosecution, as the appellant failed to bring legal representatives on record despite a prior direction.
The appeal and connected miscellaneous petition were dismissed for non-prosecution; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.NO.2892 OF 2015 AND M.P.NO.1 OF 2015
The Branch Manager, United India Insurance Company Ltd., G.P.M.Street, Ambapuram, Gudiyatham.
... Appellant
Vs.
PRAYER:-
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 10.07.2014 passed in M.C.O.P.No.37 of 2009 on the file of the Motor Vehicles Accidents Claims Tribunal, Sub Court, Gudiyatham, Vellore District.
For Appellant : Mr.D.Bhaskaran
For Respondent-2 : No appearance
(The case has been heard through video conference)
This Court by its earlier order dated 28.09.2021, has made it clear that if steps are not taken to bring on record the legal representatives of the deceased first respondent before the next hearing date, the civil miscellaneous petition shall stand automatically dismissed for non prosecution. Till date, no steps have been taken by the appellant as directed by this Court on 28.09.2021. Since steps have not been taken by the appellant, it can be inferred that the appellant is not interested in
prosecuting the appeal. Accordingly, in accordance with the order passed by this Court dated 28.09.2021, this appeal is dismissed for non-prosecution. Consequently, the connected miscellaneous petition is closed. No costs.
Sd/Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
kk To
C.M.A.NO.2892 OF 2015 AND M.P.NO.1 OF 2015
(CO) PBS/01/12/2021
1 provisions across 1 enactments
The Branch Manager, United India Insurance Company Ltd.
1. Manogaran (Dead) / 2. Sambath Prabhakaran
Abdul Qudhoose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
