Civil Miscellaneous Appeal filed by Tamil Nadu State Express Transport Corporation Limited against a motor accident compensation award. The appeal was dismissed as withdrawn, with liberty granted to file a petition to set aside the ex parte decree.
Appeal dismissed as withdrawn; liberty granted to file petition to set aside ex parte decree under Order 9 Rule 13 CPC.
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CMA.No.5/2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
CMA.No.5/2023 & CMP.No.43/2023
The Managing Director Tamil Nadu State Express Transport Corporation Limited Pallavan Salai Chennai 600 002. .. Appellant
Vs.
1.M.Latha 2.S.M.Pavithra [Minor] 3.S.M.Vignesh [Minor] RR2&3 are minors rep.by their mother and natural guardian M.Latha .. Respondents
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 26.06.2020 made in MCOP No.2287/2016 on the file of the Motor Accident Claims Tribunal / II Court of Small Causes, Chennai.
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For Appellant : Mr.K.Kathiresan
JUDGMENT
[Judgment of the Court was delivered by S.S.SUNDAR, J.,]
(1) The appellant is the Tamil Nadu State Express Transport Corporation Limited and the present appeal is preferred as against the Award of the Motor Accidents Claims Tribunal, namely, the II Court of Small Causes, Chennai, awarding a compensation of Rs.26,05,000/- to the claimants / respondents herein who are the legal heirs of the deceased.
(2) The Tribunal has given specific findings on all the issues based on the evidence of PW.1 and PW.2 apart from the documents Exs.P1 to P10. The appellant/Transport Corporation remained exparte throughout the proceedings and therefore, no one was examined and no document was marked on behalf of the appellant.
(3) When this was pointed out to the learned counsel for the appellant, the learned counsel prayed for withdrawal of the Civil
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Miscellaneous Appeal with a leave to file a petition to set aside the exparte decree in MCOP.No.2287/2016. He also states that no application was filed before the Trial Court after the exparte order was pronounced. It is also stated by the learned counsel that no notice was served after the dismissal of MCOP No.2287/2016 earlier for default.
(4) Considering the fact that the Appeal cannot be now entertained on merits having regard to the specific findings which are unassailable, this Court is inclined to permit the appellant to withdraw the appeal with liberty to file a petition to set aside the exparte decree under Order 9 Rule 13 of CPC.
(5) Accordingly, this Civil Miscellaneous Appeal stands dismissed as withdrawn . Liberty sought for, is granted. No costs. consequently, connected miscellaneous petition is closed.
[SSSRJ] [AANJ]
06.01.2023
AP Internet : Yes Neutral Citation : Yes / No
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To
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CMA.No.5/2023
S.S.SUNDAR, J.,
AND A.A.NAKKIRAN, J.,
AP
CMA.No.5/2023
06.01.2023
5
Tamil Nadu State Express Transport Corporation Limited
M.Latha
S.M.Pavithra
S.M.Vignesh
S.S.Sundar
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
