The high court dismissed the civil miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988, for non-prosecution, noting that appellants failed to implead the legal representatives of the deceased despite multiple time extensions granted between February 2024 and April 2024.
The appeal is dismissed for non-prosecution. No costs to the respondents.
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.352 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2024
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.352 of 2021
1.Selvi @ Tamil Selvi
2.Periasami
3.Siyalammai ... Appellants
Vs.
1Jayakumar 2.M/s.New India Assurance Company Ltd., Branch Office, Rep. by its Branch Manager, New Bus Stand, Perambalur - 621212. ... Respondents
PRAYER: Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 31.08.2020 made in M.C.O.P. No.500 of 2016 on the file of the Motor Accidents Claims Tribunal / Principal District Judge, Perambalur.
For Appellants : Mr.C.Vidhusan For Respondents : Mr.J.Chandran for R2
JUDGMENT
Sufficient opportunities have been granted to the appellants as seen
from the earlier proceedings to take steps to bring on record the legal
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C.M.A.No.352 of 2021
representatives of the deceased first respondent. But, despite the same, the appellants have not taken steps to bring on record the legal representatives of the deceased first respondent. On 07.02.2024 and on 29.02.2024, this Court had granted time to the appellants to take steps to bring on record the legal representatives of the deceased first respondent. It can now be inferred that the appellants are not interested in prosecuting this appeal. Accordingly, this appeal is dismissed for non prosecution. No Costs.
10.04.2024
Index : Yes/No Speaking Order : Yes / No Neutral Citation Case: Yes / No ab
To
1. The Motor Accidents Claims Tribunal / Principal District Judge, Perambalur.
2. The Section officer, Record Section, High Court of Madras.
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C.M.A.No.352 of 2021
ABDUL QUDDHOSE. J.,
ab
C.M.A.No.352 of 2021
10.04.2024
3/3
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution after time was granted to implead legal representatives.
Selvi @ Tamil Selvi
Periasami
Siyalammai
Jayakumar
M/s. New India Assurance Company Ltd.
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
