M/S. the New India Assurance v. K. Nallu @ Chinnadurai
Case brief
What is this about?
Dismissal for non-prosecution of insurer's appeal: New India Assurance Co. Ltd. (appellant, counsel Mr.N.Dilipkumar) v. K.Nallu @ Chinnadurai and others (claimants/respondents), C.M.A(MD)No.313 of 2013, Madurai Bench of Madras High Court, R. Poornima J., decided 15.10.2025. Appeal under Section 173 of the Motor Vehicles Act against award/judgment and decree dated 20.01.2010 in M.C.O.P.No.1434 of 2005, Motor Accidents Claims Tribunal/Third Additional Sub Court, Trichy. Posted as last chance in 2022; repeated adjournments; appeal dismissed for non-prosecution, no costs.
What did the court decide?
Since the appellant repeatedly obtained adjournments and its counsel again sought an adjournment, showing the appellant was not interested in prosecuting the appeal of 2013, this Court had no other option except to dismiss the appeal for non-prosecution.