The Managing Director v. Guruvammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Seventh day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.1153 of 2019 IN CMA(MD) No.SR51340 of 2018 THE MANAGING DIRECTOR, TAMIL NADU STATE EXPRESS TRANSPORT CORPORATION, CHENNAI. PETITIONER / APPELLANT Vs 1 GURUVAMMAL 2 RAMACHANDRAN 3 RAVI (THE 3rd RESPONDENT IS THE DRIVER OF THE APPELLANT AND THAT GIVEN UP) 4 KATHIRVEL MURUGAN 5 NATIONAL INSURANCE COMPANY LTD OMALUR MAIN ROAD, SALEM. RESPONDENTS / RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 624 days in filing the Civil Miscellaneous Appeal against the Award and decree made in MCOP No.200 of 2010 dated 15.11.

2016 on the file of the Motor Accident Claims Tribunal/Principal Sub Court, Tenkasi and thus render justice. PRAYER IN CMA(MD) No.SR51340 of 2018 Allow this appeal, set aside the award and decree made in M.C.O.P.NO.200 of 2010 dated 15.11.2016 on the file of the Motor accident claims Tribunal / Principal Sub Court, Tenkasi and pass such other or further orders.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.P.PRABHAKARAN, Advocate for the petitioner,the court made the following order:- Heard the learned counsel appearing for the petitioner. 2.It is seen from the affidavit that the award was passed on 15.11.2016, whereas this civil miscellaneous appeal has been preferred with the delay of 624 days, for which, no acceptable https://hcservices.ecourts.gov.in/hcservices/

reason is given by the petitioner. However, considering the nature of the petition, this petition is allowed and the delay is condoned on condition that the petitioner shall pay a sum of Rs.500/-(Rupees Five Hundred only) to the Legal Service Authority, attached to this Bench, within three days from today, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

3.The Registry is directed to number the appeal, if it is otherwise in order and list the appeal next week for admission. sd/- 07/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TENKASI.

COPY TO THE OFFICER INCHARGE, LEGAL SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

THE SUB-ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.1153 of 2019 IN CMA(MD) No.SR51340 of 2018 Date :07/02/2019 TK/JC/SAR-3/22.02.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/