M/S. United India Insurance Co v. Santhanalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.5761 of 2006 and C.M.A.SR.No.112552 of 2004 United India Insurance Co. Ltd., Cuddalore.

.. Petitioner Vs.

1.Santhanalakshmi 2.Vijayaprakash 3.Prasanna 4.Ajit Selvin Irudhayaraj .. Respondents PRAYER: C.M.P.No.5761 of 2006 is filed to condone the delay of 178 days in paying the deficit court fee of Rs.8,820/- in the above C.M.A.SR.No.112552 of 2004.

C.M.A.SR.No.112552 of 2004 is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 21.04.2004, made in M.C.O.P.No.497 of 2003 on the file of the Motor Accident Claims Tribunal (Additional Subordinate Judge), Cuddalore.

For Petitioner : No appearance

O R D E R

Today, when the matter is taken up for hearing, there is no representation on behalf of the petitioner.

2.The present Civil Miscellaneous Petition is filed for condoning the delay of 178 days in paying the deficit court fee of Rs.8,820/- in the above C.M.A.SR.No.112552 of 2004. 3.The learned counsel for the petitioner in the affidavit has stated that the C.M.A.SR.No.112552 of 2004 was filed on 01.11.2004, by affixing Rs.100/- as Court fee, in order to avoid delay in filing the appeal.

4.According to the petitioner, due to administrative reason, the required Court fee was not paid. The petitioner was not diligent enough to prosecute the case and the reason given by https://hcservices.ecourts.gov.in/hcservices/

the petitioner for the delay in paying the deficit Court fee is not valid and sufficient. Hence the present Civil Miscellaneous Petition is dismissed and Civil Miscellaneous Appeal is rejected at the SR stage itself.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Jer To 1.The Additional Subordinate Judge, The Motor Accident Claims Tribunal, Cuddalore.

2.The Section Officer, VR Section, High court, Madras.

C.M.P.No.5761 of 2006 and C.M.A.SR.No.112552 of 2004 br [co] srg 04/03/2019 https://hcservices.ecourts.gov.in/hcservices/