Madras High Court

CMA(MD)/720/2024 of RELIANCE GENERAL INSURANCE C Vs M.Musthafa Applasa alias Abh on 7 October 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 07.10.2026

CORAM

THE HON'BLE DR. JUSTICE P. MURUGAN

CMA(MD) No. 720 of 2024

{CNR: HCMD010345002023} Case

QR

and

CMP(MD) No. 8132 of 2024

Reliance General Insurance Co. Ltd.,

PLA Kanagu Towers,

2nd Floor, Thillainagar,

Trichy.

... Appellant

Vs

1. M.Musthafa Applasa @ Abhulhasan,

S/o.Mustafa,

Jeylania Street,

Subramaniapuram,

Trichy.

2. P.L.A.Palaniappan,

S/o.Annamalai Chettiar,

No.43, Charles Nagar,

Pudukottai.

... Respondents

For Appellant

: Mr. M. Jerin Mathew

For Respondents : R1 & R2 batta due

__________

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Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the fair and decretal order dated 11- 10-2022 made in M.C.O.P.No.4539 of 2013 on the file of the Motor Accident Claim Tribunal / Special Sub Judge, Trichirappalli and allow this appeal.

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J U D G M E N T

This Civil Miscellaneous Appeal is filed to set aside the fair and decretal order dated 11-10-2022 made in M.C.O.P.No.4539 of 2013 on the file of the Motor Accident Claim Tribunal / Special Sub Judge,Trichirappalli.

2. The appeal was initially came before this Court on 02.07.2024 and notice of motion was ordered to be returnable within eight weeks. Private notice was also permitted. Despite the same, no steps were taken on behalf of the appellant to effect service of notice.

3. Thereafter, the matter was listed before another Bench of this Court on 18.02.2026. On that day, the appellant was directed to pay the batta along with the petition and to comply the defects pointed out by the Registry within a period of fifteen days, failing which the concerned petition/appeal would stand dismissed __________

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automatically insofar as respondents 1 and 2, against whom batta was due, were concerned.

4. Once again, the matter came up before another Bench of this Court on 22.06.2026. Having regard to the facts and circumstances of the case, the Court once again directed the issuance of fresh notice to respondents 1 and 2 at their corrected addresses, returnable by 17.07.2026. Private notice was also permitted, and the matter was directed to be posted on 17.07.2026.

5. Thereafter, the matter was listed before another Bench of this Court on 10.09.2026. On that occasion, fresh notice to respondents 1 and 2 through Court as well as by private service was ordered, returnable by 07.10.2026. The appellant was granted ten days' time to pay the batta. It was further directed that notice be served on the counsel appearing for the respondents before the trial Court. The Registry was also directed to arrange for the completion of service through the trial Court service processor and to ensure that the service report was filed before this Court on or before 06.10.2026.

6. From 2024 until the present date, the matter has been listed __________

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before four different Benches of this Court, and on each occasion, directions were issued for service of notice. Nevertheless, the required batta has not been paid, nor have steps been taken to effect private service of notice.

7. Today, when the matter is listed for the fifth time, the learned counsel for the appellant seeks further time to pay the batta. In view of the repeated directions issued by this Court and the failure to comply with the same despite sufficient opportunities having been granted over a considerable period, this Court is not inclined to entertain the request for further time.

8. Accordingly, this Civil Miscellaneous Appeal is is dismissed for default for non-payment of batta and failure to take the requisite steps for service of notice, in terms of the earlier orders of this Court. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. Internet:Yes/No 07.10.2026 Index:Yes/No NCC:Yes/No LS __________

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To

1. The Special Sub Judge, Motor Accident Claim Tribunal, Trichirappalli.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. __________

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DR. P. MURUGAN, J. LS CMA(MD) No. 720 of 2024 07.10.2026 __________

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