S.Ravi v. N.Kamaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on 21.02.2023 Pronounced on 09.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN in C.M.A.No.sr780 of 2022 S.Ravi, S/o.Sambasivam No.19E, Market Lane Chamundeeswari Koil Lane Kaladipet, Chennai 19.

... Petitioner Vs.

1.N.Kamaraj No.7/2, Kannigapuram K.K.Puram, Chennai 78.

2.Reliance General Insurance Co. Ltd., Plot No.2054, 2nd Floor, 2nd Avenue (Next to GRT) Anna Nagar, Chennai 40.

... Respondents Prayer: Petition filed under Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of 1111 days in filing the CMA.No.sr780 of 2022. For Petitioner : Mr.K.Varadhakamaraj 1/4

For Respondents : Mr.P.Suresh Srinivasan (for R2)

O R D E R

This Petition has been filed to condone the delay of 1111 days in filing the CMA.No.sr780 of 2022.

2.Counter affidavit of the 2nd Respondent has been filed by the learned counsel for the 2nd Respondent.

3.Heard the learned counsel for the Petitioner and the learned counsel for the 2nd Respondent.

4.The claim Petitioner filed MCOP.No.4541 of 2011 on the file of the learned VI Judge, Court of Small Causes, Chennai, seeking compensation. The same was allowed by the trial Court on 09.01.2017. The claim Petitioner preferred the above Appeal on the ground of quantum of compensation stating that the claim Petitioner is suffered by facial paralysis. Taking into consideration the nature of injuries and the amount awarded, I felt that it is a fit case to condone the delay. Further there is a merit in the Appeal and the 2/4

reasons assigned in the affidavit filed in support of this condone delay Petition appears to be reasonable. Therefore, I am inclined to allow this Petition, on condition that Rs.1,000/- (Rupees one thousand only) shall be paid to the learned counsel for the 2nd Respondent. Time for payment of Rs.1,000/- to the learned counsel for the 2nd Respondent is two weeks. 5.Accordingly, this condone delay Petition is allowed with the direction to the Petitioner to pay a sum of Rs.1,000/- (Rupees one thousand only) to the learned counsel for the 2nd Respondent, within a period of two weeks. 09.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 3/4

RMT.TEEKAA RAMAN.J, sai Pre-delivery Order made in in C.M.A.No.sr780 of 2022 Dated: 09.03.2023 4/4