Civil Miscellaneous Appeal challenging the quantum of compensation was dismissed as infructuous. The Court held that since the ex-parte award was set aside and the main claim petition was dismissed for default, nothing survived for further adjudication.
Appeal dismissed as infructuous with no costs.
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(MD)No.586 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 24.01.2024
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
C.M.A(MD)No.586 of 2020
1.R.Narasimhan (died)
2.N.Uma Maheswari
3.Minor.N.Kaushik
: Appellants
(Minor represented by his mother and natural guardian N.Uma Maheswari/second appellant)
Vs.
1.M.Muruganantham
2.S.Palanisamy
: Respondents
(Appellants 2 and 3 are brought on records as legal heirs of the deceased sole appellant, vide Court order, dated 22.02.2023 made in C.M.P.(MD)No.8879, 8881 and 8883 of 2022 in CMA(MD)No.586 of 2020)
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to allow the appeal and modify the award passed in
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M.C.O.P.No.42 of 2013 on the file of the Motor Accident Claims Tribunal/III Additional Sub Judge, Tiruchirappalli, dated 27.02.2015.
For Appellant : Mr.N.Sudhagar Nagaraj For Respondents : Mr.V.Sakthivel, for R3. : No Appearance, for R1 and R2.
J U D G M E N T
The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.42 of 2013, dated 27.02.2015 on the file of the Motor Accident Claims Tribunal/III Additional Sub Judge, Tiruchirappalli.
of Rs.2,89,191/- with interest at 7.5% per annum for the disability suffered, consequent to an accident occurred on 14.04.2012, challenged the quantum of compensation awarded at by the Tribunal.
has not chosen to file counter statement, all the respondents including the insurer were set ex-parte and the ex-parte award came to be passed on 27.02.2015 and thereafter, the present Civil Miscellaneous Appeal came to be filed, seeking enhancement of compensation.
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subsequent to the filing of the present appeal, the third respondent insurer has filed applications under Section 5 of the Limitation Act to condone the delay for filing the petition to set aside the ex-parte award and the application under Order IX Rule 13 of C.P.C., for setting aide the ex-parte award and after enquiry, both petitions came to be allowed and the ex-parte award was set aside by the trial court on 07.08.2021. He would further submit that after restoring the main petition, the same was adjourned for enquiry on 20.12.2021 and since the death of the sole claimant was reported, the case was adjourned for taking steps for the deceased claimant, that since steps were not taken, despite several opportunities, the main claim petition was dismissed for default on 29.08.2022 and that since the ex-parte award was also set aside and subsequently, the claim petition itself was dismissed for default, the present Civil Miscellaneous Appeal has become infructuous.
taken steps for the death of the claimant before this Court and the insurer has filed an application during the pendency of the present appeal.
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infructuous. No costs.
NCC : Yes/No Index : Yes/ No Internet : Yes/ No das To
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
K.MURALI SHANKAR,J.
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das
C.M.A(MD)No.586 of 2020
24.01.2024
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2 issues framed by the court
Whether a civil miscellaneous appeal to enhance compensation is maintainable when the underlying ex-parte award has been set aside and the main claim petition was dismissed for default.
If the main claim petition was dismissed for default after the ex-parte award was set aside, does any question survive for adjudication in this appeal.
1.R.Narasimhan (died) 2.N.Uma Maheswari 3.Minor.N.Kaushik
1.M.Muruganantham 2.S.Palanisamy 3.M/s.Iffco Tokio General Insurance Company Limited
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
