Advocates:
['M/S RAMALINGAM', 'R - MARUTHAI', '', 'R - KANDASAMY', 'R - MGP MARKETING CENTER', 'R - DIED T/E', 'PVT NOTICE', '', 'AOS NOT FILED']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

C.M.A.NO.1062 of 2009

and

M.P.No.1/2009

M/s. United India Insurance & Co.Ltd.,

53, A.KT.Complex, Katcherry Road,

Kallakuruchi Town and Taluk

...Appellant

Vs

1. Maruthai

2. Azhagammal(Died)

3. Kandasamy

4. MGP Marketing Centre,

469. Mahalakshmi Complex,

Annapuranam, Salem.

...Respondents

(R2 -Died. R1 & R3 LRs of the deceased

R2 as per memo dated 11/9/2018 & vide

court order dated 11.09.2018)

Prayer: Civil Miscellaneous Appeal filed under Section 173

of the Motor Vehicles Act, 1988 against the Judgment and Decree

dated 29.7.2005 made in MACTOP.NO.162 of 2005 on the file of

the Motor Accident Claims Tribunal, (Fast Track Court),

Kallakuruchi.

For Appellant : Mr. S.Ramalingam

For Respondents : R1, R3 and R4 served-

No appearance, R2 – died

JUDGMENT

A memo dated 23.08.2018 has been filed by the appellant

stating that the 2^nd respondent being the mother of the deceased

died leaving behind the 1^st respondent viz., father of the

deceased and 3^rd respondent viz., the brother of the dece