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2012 Supreme(Mad) 2699

G.RAJASURIA
A. Kaliammal – Appellant
Versus
R. Saravanakumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:K. Moorthy, Advocate.

Judgment :-

1. Animadverting upon the order dated 21.07.2011 passed in I.A.No.816 of 2010 in MCOP No.128 of 2003, by the learned Principal Subordinate Judge, Coimbatore, this civil revision petition is focused.

2. Tersely and briefly, the germane facts in a few broad strokes, could be encapsulated thus:

The victim of a motor vehicle accident, namely the respondents herein, filed MCOP claiming compensation. The revision petitioner herein was arrayed as the owner of the vehicle and no Insurance Company was arrayed as respondent. Even though the respondents received notice from the Court relating to MACTOP, the second respondent/Kaliammal did not appear owing to her ill health as alleged by her in the affidavit accompanying the affidavit to get the ex-parte delay of 1400 days condoned. The said application was dismissed and the ex-parte Award already passed in favour of them, now remains.

3. Being aggrieved by and dissatisfied with the order or dismissal of the I.A.No.816 of 2010, this revision has been filed on various grounds.

4. Citing the owner as an aged lady, the learned counsel for the petitioner would submit that she could not pursue the matter for herself and she depended u







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