Madras High CourtCMP(MD)/10354/2017ordered

Murugan, v. Gomathi

2018-04-17Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Seventeenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.10354 of 2017 IN CMA(MD) No.SR41974 of 2017 MURUGAN ... PETITIONER / APPELLANT Vs 1 GOMATHI 2 THE NEW INDIA ASSURANCE CO.LTD THROUGH ITS BRANCH MANAGER, CATHOLIC CENTRE BUILDING, MAIN ROAD, KOVIL PATTI. ... 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 516 days in filing the above civil Miscellaneous Appeal.

PRAYER IN CMA(MD) No.SR41974 of 2017: To allow this appeal and enhance the award amount in M.C.O.P.No.244 of 2012 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate Court) Tirunelveli, dated 07.12.2015.

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.T.SELVAKUMARAN, Advocate for the petitioner the court made the following order:- This petition has been filed to condone the delay of 516 days in filing the above civil miscellaneous appeal in C.M.A.(MD) No.SR41974 of 2017, against the award passed in M.C.O.P.No.244 of https://hcservices.ecourts.gov.in/hcservices/ 2012.

2. Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay, subject to the payment of cost of Rs.1,000/- (Rupees One Thousand only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without any further reference to this Court.

3. This petition is accordingly ordered.

sd/- 17/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI, 2 THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.10354 of 2017 IN CMA(MD) No.SR41974 of 2017 Date :17/04/2018 SDS/CM:VR/GSR/23.04.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/