BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2024 CORAM THE HON'BLE MRS.JUSTICE S.SRIMATHY C.M.A(MD)No.872 of 2022 and C.M.P.(MD)No.8281 of 2022 P.K.Ayyoob ... Appellant Vs

1. Sarammal, 2. Mohamed Raja, 3. Nazima, 4. The Branch Manager, New India Assurance Co Ltd., No.12, Parvathi Plaza, 70 Feet Road,S.B.O.Colony, Ellis Nagar, Madurai – 10. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act 1988, against the fair and decreetal order dated 09.11.2021 in M.C.O.P.No.333 of 2018 on the file of the Special District Court, Madurai, Motor Vehicle Claim Tribunal, Madurai.

For Appellant : Mr.S.Pugalendhi For R4 : Mr.I.Robert Chandrakumar For R1 to R3 : No appearance

JUDGEMENT

The appellant has preferred this appeal against the award passed by the Tribunal. The appellant is arrayed as 1^st respondent is the claim petition and he is the owner of the vehicle. The appellant had remained exparte before the Tribunal.

2. It is the case of fatal. The brief facts of the case are that the driver while driving the vehicle had hit the electric post and the post fell down on the passerby and he died instantaneously. The Tribunal after perusing