M.Pandi v. S.Kumar Sakkiah
Case brief
What is this about?
This court dismissed a civil miscellaneous appeal under the Motor Vehicles Act for non-prosecution, as the appellant was persistently absent and failed to appear despite multiple notices over five years.
What did the court decide?
The appeal was dismissed for non-prosecution. No costs awarded.
What the court decided
C.M.A.(MD)No.294/2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2021 CORAM: THE HONOURABLE MRS.JUSTICE R.THARANI C.M.A.(MD)No.294 of 2013
M.Pandi
... Appellant/Claimant
Vs.
1.S.Kumar Sakkiah 2.The Branch Manager, The National Insurance Co. Ltd., 110 G, Rose Building, Main Road, Kovilpatti, Tuticorin District. 3.R.Ramasubbu ... Respondents/ Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, against the decree and award dated 25.07.2003 passed by the Motor Accident Claims Tribunal / Sub Court, Sivakasi, in MACOP.No.230 of 1999.
For Appellant :No appearance For R2 :Mr.A.S.Mathialagan R1 :Dispensed with R3 :Dismissed vide court order, dated 29.01.2019.
JUDGMENT
The learned counsel for the second respondent ready for argument. There is no representation on the side of the appellants.
2.The case is pending from the year 2013. The matter was posted before me on 09.04.2021, 22.04.2021, 14.06.2021, 21.06.2021, 28.06.2021 and on 12.07.2021, there was no representation on the side of the appellant. Hence, the matter was adjourned today (03.08.2021) under the caption “for arguments or for orders”. Even today (03.08.2021), when the matter is called upon, there was no representation on the side of the appellant. There is no use in keeping the Appeal pending any further.
Parties & counsel
- appellant
M. Pandi
- respondent
2. The Branch Manager, The National Insurance Co. Ltd., 110 G, Rose Building, Main Road, Kovilpatti, Tuticorin District
- respondent
2. The Branch Manager, The National Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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