The Chennai High Court dismissed a compromise deposit appeal against an MAAC Tribunal award as abated. The court noted the appellant failed to appear at a Lok Adalat in 2014 regarding a claimant who died, and no legal heirs were brought on record by 2022, warranting dismissal without costs.
The Civil Miscellaneous Appeal is dismissed as abated. No costs are 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.
C.M.A.No.2789 of 2013
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED : 26.09.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.2789 of 2013 and
M.P.No.1 of 2013
Sivakumar ... Petitioner/Appellant
Vs.
1.Ramasamy
2.The Divisional Manager, United India Insurance Company Limited, No.46, Katpadi Salai, Vellore. … Respondents/Respondents
Prayer : Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act against the Award and Decree dated 28.12.2006 in M.C.O.P.No.1104 of 2002 on the file of the learned District Judge, Motor Accidents Claims Tribunal, Thiruvannamalai.
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C.M.A.No.2789 of 2013
For Appellant : Mr.A.Subadra : For Respondent Ms.R.Sree Vidhya for R2 R1 – Died
ORDER
It is seen that as early as from 2014, the appellant had not appeared before the Lok Adalat and the notice which has been issued by the Lok Adalat to the claimant has been returned with an endorsement “deceased”. The order of the Lok Adalat dated 19.09.2018 would indicate the same. Considering the fact that we are in the year 2022 and no steps have been taken to bring on record the legal representatives of the deceased, this Civil Miscellaneous Appeal is dismissed as abated. No costs. Consequently, connected Miscellaneous Petition is closed.
26.09.2022
Index : Yes/No Internet : Yes/No Speaking order / Non speaking order mps
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C.M.A.No.2789 of 2013
To
The District Judge, Motor Accidents Claims Tribunal, Thiruvannamalai.
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C.M.A.No.2789 of 2013
P.T. ASHA, J,
mps
C.M.A.No.2789 of 2013 and M.P.No.1 of 2013
26.09.2022
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1 provisions across 1 enactments
Sivakumar
Ramasamy
The Divisional Manager, United India Insurance Company Limited
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
