Madras High CourtCMP(MD)/530/2020allowed with costs

The Oriental Insurance Company Ltd., v. M.Ambigai Murugan (Died) S/O.Muthukumar

2020-02-12Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.530 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twelfth day of February Two Thousand Twenty PRESENT The Hon'ble Mrs.Justice R.THARANI CMP(MD) No.530 of 2020 IN CMA(MD)No.SR11032 of 2018 THE ORIENTAL INSURANCE COMPANY LTD., THALI ROAD, UDUMALAI TALUK, UDUMALAI NAGAR, KOVAI DISTRICT. ... PETITIONER/PETITIONER/APPELLANT Vs M.AMBIGAI MURUGAN (DIED) 1 K.MUTHUKUMAR 2 M.RAJESWARI 3 R.VENKATACHALAM 4 T.NAGARAJAN (3rd AND 4th RESPONDENTS ARE REMAINED EXPARTE BEFORE THE LOWER COURT) ... RESPONDENTS/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 365 days in filing the application to restore the CMA.SR.(MD).No. 11032 of 2018 and thus render justice. Prayer in CMA(MD)No.SR11032 of 2018:

Pleased to set aside the Award of Rs.5,02,000/- (Rupees Five Lakhs Two Thousand only) passed in M.C.O.P.No.309/1999, dated 05.06.2017, on the file of the Motor Accident Claims Tribunal cum Sub Judge, Palani.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.BHASKARAN, Advocate for the petitioner, the court made the following order:- On the side of the petitioner, it is submitted that the petitioner has not paid the cost to the Chief Relief Fund within the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.530 of 2020 stipulated period and hence, prayed for deposit of the cost.

2. In the above circumstances, the petitioner is permitted to deposit the cost of Rs.1,000/- along with another sum of Rs.500/- (Totally a sum of Rs.1,500/-) to the Chief Justice Relief Fund, on or before 21.02.2020.

3. Call on 24.02.2020 "for reporting compliance". sd/- 12/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PALANI.

COPY TO:- THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.BHASKARAN, Advocate ( SR-2915[I] dated 12/02/2020)

ORDER

IN CMP(MD) No.530 of 2020 in CMA(MD)No.SR11032 of 2018 Date :12/02/2020 LS TE/JC/SAR-III : 19/02/2020 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2