The Manager v. Kamatchi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.1333 of 2019 IN CMA(MD) No.SR5608 of 2019 THE MANAGER, THE TAMIL NADU STATE TRANSPORT CORPORATION, MADURAI KOTTAM, MADURAI.

... PETITIONER/APPELLANT Vs KAMATCHI ... RESPONDENT/RESPONDENT 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 431 days in filing the civil miscellaneous appeal against the judgment and decree dated 1.9.2017 passed in MCOP.No.37 of 2017 on the file of the Motor Accident Claims Tribunal (The Additional District Judge) Ramanathapuram. PRAYER IN CMA(MD) No.SR5608 of 2019:

To set aside the Judgment and Decree in MCOP.No.37 of 2017 dated 01.09.2017 on the file of the Motor Accident Claims Tribunal (The Additional District Judge), Ramanathapuram and thus render justice.

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.K.SUDALAIYANDI, Advocate for the petitioner, the court made the following order:- This petition is filed to condone the delay of 431 days in filing the above said appeal.

2.Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay is condoned and the petition is allowed on condition that the petitioner/the Transport Corporation shall deposit the entire award amount with accrued interest and costs to the credit of M.C.O.P.No.37 of 2017 on the file of the Motor Accident Claims Tribunal (The learned Additional District Judge), Ramanathapuram, within a period of four weeks from the date of receipt of a copy of this order and on such deposit, the https://hcservices.ecourts.gov.in/hcservices/

claimant is entitled to withdraw the 75% of the award amount without filing any formal petition.

3.The Registry is directed to number the appeal if it is otherwise in order and after showing the proof of such deposit, post the appeal in the normal course.

sd/- 21/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMANATHAPURAM.

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

+1. C.C. to MR.K.SUDALAIYANDI Advocate SR.No.48945

ORDER

IN CMP(MD) No.1333 of 2019 IN CMA(MD) No.SR5608 of 2019 Date :21/02/2019 MM AE/MMS/SAR-IV/06.03.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/