Bharti Axa General Insurance v. Ammaya

Civil Miscellaneous Petition Nos.11435 to 11437 of 2016 in C.M.A.SR.Nos.44149, 44143 and 44146 of 2016 S.Manikumar, J a n d N.Authinathan, J (Order of the Court was made by S.Manikumar,J) Collision between two motor vehicles, resulted in the death of one Anil Kumar and two others were injured. Legal representatives of the deceased, filed independent claim petitions. A joint trial has been held. Tribunal fixed the negligence on the rider of Bajaj Pulsar Motorcycle bearing Registration No.TN70F-1230. Vehicle was insured with M/s.Bharthi AXA General Insurance Co. Ltd., Bangalore 560 037/appellant herein.

2. Based on the claim in each of the petitions, the Tribunal quantified the compensation.

3. Challenging the finding of negligence and the quantum of compensation, three independent appeals in C.M.A.SR.Nos.44149, 44143 and 44146 of 2016 have been filed with a delay of 39 days in filing the appeals against the common judgment and decree dated 30/9/2015 made in M.C.O.P.Nos.115 to 117 of 2013 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Hosur.

S.MANIKUMAR,J A N D N.AUTHINATHAN,J mvs.

4. Mr.M.Sriram, learned counsel for the first respondent in all the petitions has no objection for the delay being condoned.

5. Being satisfied with the reasons stated in the supporting affidavit, we are inclined to condone the delay of 39 days in filing C.M.A.SR.Nos.44149, 44143 and 44146 of 2016.

6. Accordingly, these Civil Miscellaneous Petitions are ordered. (S.M.K.,J) (N.A.N.,J) 19th September 2016.

mvs.

Note: Registry is directed to number the appeals. Civil Miscellaneous Petition Nos.

11435 to 11437 of 2016 in C.M.A.SR.Nos.

44149, 44143 and 44146 of 2016