Madras High CourtCMP(MD)/2114/2019ordered

The Managing Director v. Kalaperumal @ Helan

2019-04-05Honourable Mrs Justice S. Ramathilagam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) Nos.2114 to 2118 of 2019 IN CMA(MD) Nos.SR6071,SR6075,SR6079,SR6083 and SR6097 of 2019 THE MANAGING DIRECTOR TAMIL NADU STATE EXPRESS TRANSPORT CORPORATION, PALLAVAN SALAI, CHENNAI-2 ... PETITIONER/APPELLANT IN ALL THE PETITIONS Vs 1 KALAPERUMAL @ HELAN 2 NAMBI ... RESPONDENTS/ RESPONDENTS IN CMP(MD)No.2114 of 2019 in CMA(MD)SR6071 OF 2019 ANNA REVATHI ... RESPONDENTS/ RESPONDENTS IN CMP(MD)No.2115 of 2019 in CMA(MD)SR6075 OF 2019 DEEPA ... RESPONDENTS/ RESPONDENTS IN CMP(MD)No.2116 of 2019 in CMA(MD)SR6079 OF 2019 1.RAJAPANDIAN 2.THENNAGAM 3.KALAPERUMAL @ HELAN 4.THENNARASI 5.ANNA REVATHI ... RESPONDENTS/ RESPONDENTS IN CMP(MD)No.2117 of 2019 in CMA(MD)SR6083 OF 2019 1.ANNA REVATHI @ REVATHI 2.MINOR HANSIKA (THE MINOR 2ND RESPONDENT REPRESENTED THROUGH HER MOTHER AND NEXT FRIEND ANNA REVATHI @ REVATI) ... RESPONDENTS/ RESPONDENTS IN CMP(MD)No.2118 of 2019 in CMA(MD)SR6087 OF 2019

PRAYER IN CMP(MD)No.2114 of 2019:

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 26 days in filing the Civil Miscellaneous Appeal against the award and decree made in M.C.O.P No.1453 of 2016 dated 18.07.2018 on the file of the Motor Accident Claims Tribunal/III Additional District Court, Tirunelveli. Prayer in CMP(MD). 2115/ 2019 :

Pleased to condone the delay of 114 days in filing the Civil Miscellaneous Appeal against the award and decree made in M.C.O.P No.1454 of 2016 dated 18.07.2018 on the file of the Motor Accident Claims Tribunal/ III Additional District Court, Tirunelveli Prayer in CMP(MD). 2116/ 2019 :

Pleased to condone the delay of 26 days in filing the Civil Miscellaneous Appeal against the award and decree made in M.C.O.P No.1455 of 2016 dated 18.07.2018 on the file of the Motor Accident Claims Tribunal/ III Additional District Court, Tirunelveli Prayer in CMP(MD). 2117/ 2019 :

Pleased to condone the delay of 26 days in filing the Civil Miscellaneous Appeal against the award and decree made in M.C.O.P No.1456 of 2016 dated 18.07.2018 on the file of the Motor Accident Claims Tribunal/ III Additional District Court, Tirunelveli Prayer in CMP(MD). 2118/ 2019 :

Pleased to condone the delay of 26 days in filing the Civil Miscellaneous Appeal against the award and decree made in M.C.O.P No.1622 of 2016 dated 18.07.2018 on the file of the Motor Accident Claims Tribunal/III Additional District Court, Tirunelveli PRAYER IN CMA(MD)No.SR6071 of 2019 IN CMP(MD)No.2114 of 2019: To allow this appeal, set aside the award and decree made in M.C.O.P.No.1453/2016 dated 18.07.2018 on the file of the Motor Accident Claims Tribunal/III Additional District Court, Tirunelveli. PRAYER IN CMA(MD)No.SR6075 of 2019 IN CMP(MD)No.2115 of 2019: To allow this appeal, set aside the award and decree made in M.C.O.P.No.1454/2016 dated 18.07.2018 on the file of the Motor Accident Claims Tribunal/III Additional District Court, Tirunelveli. PRAYER IN CMA(MD)No.SR6079 of 2019 IN CMP(MD)No.2116 of 2019: To allow this appeal, set aside the award and decree made in M.C.O.P.No.1455/2016 dated 18.07.2018 on the file of the Motor Accident Claims Tribunal/III Additional District Court, Tirunelveli.

PRAYER IN CMA(MD)No.SR6083 of 2019 IN CMP(MD)No.2117 of 2019: To allow this appeal, set aside the award and decree made in M.C.O.P.No.1456/2016 dated 18.07.2018 on the file of the Motor Accident Claims Tribunal/III Additional District Court, Tirunelveli. PRAYER IN CMA(MD)No.SR6087 of 2019 IN CMP(MD)No.2118 of 2019: To allow this appeal, set aside the award and decree made in M.C.O.P.No.1622/2016 dated 18.07.2018 on the file of the Motor Accident Claims Tribunal/III Additional District Court, Tirunelveli. ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.P.PRABHAKARAN, Advocate for the petitioner in all the petitions, the court made the following order:- These Civil Miscellaneous Petitions have been filed to condone the delay of 26, 114, 26, 26 and 26 days in filing the above said appeals.

2.Heard the learned counsel for the petitioner. 3.Being satisfied with the reasons stated in the affidavit filed in support of these petitions, these petitions are allowed with cost of Rs.500/-.

4.The petitioner is directed to pay a sum of Rs.500/- to the credit of Legal Aids Service Authority attached to this bench on or before 09.04.2019, failing which, the delay condoned by this Court shall stand vacated automatically. The Registry is directed to number the appeals and post the same on 10.04.2019 "for admission" if the papers are otherwise in order and after showing the proof of cost.

sd/- 05/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE III ADDITIONAL DISTRICT COURT, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

COPY TO:

1.THE AUTHORITY OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

ORDER

IN CMP(MD) Nos.2114 to 2118 of 2019 IN CMA(MD) Nos.SR6071,SR6075,SR6079, SR6083 and SR6097 of 2019 Date :05/04/2019 TK/MMS/SAR-4/09.04.2019/3P/4C