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Madras High CourtCMP(MD)/10040/2016ordered

M/S Tamilnadu State Transport v. S.Panju

2017-03-08Honourable Ms.Justice V.M.Velumani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.10040 TO 10042 of 2016 IN CMA(MD) No.SR39980, 39984 and 39990 of 2016 M/S TAMILNADU STATE TRANSPORT CORPORATION LTD., BYE PASS ROAD, MADURAI, REPRESENTED THROUGH ITS, GENERAL MANAGER. PETITIONER/APPELLANT IN ALL THE PETITIONS Vs 1 S.PANJU 2 MAYAKANNAN (The 2nd respondent is not a necessary party and given up) 3 MUNIYASAMI ... RESPONDENTS/RESPONDENTS IN CMP(MD) NO.10040 OF 2016 1 P.RAJENDRAN 2 R.POTHUMANI ... RESPONDENTS/RESPONDENTS IN CMP(MD) NO.10041/ 2016 1 R.JOTHI (DIED) 2 G.ROJA 3 MUTHUMEENA ... RESPONDENTS/RESPONDENTS IN CMP(MD) NO.

10042/ 2016 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay o 183 days in filing the Civil Miscellaneous Appeal against the Award and Decree made in MCOP.No.559/2013 dated 27.11.2015 on the file of the Motor Accident Claims Tribunal/VI Additional District Court, Madurai.

Prayer in CMP(MD). 10041/ 2016 :

To condone the delay o 183 days in filing the Civil Miscellaneous Appeal against the Award and Decree made in MCOP.No.560/2013 dated 27.11.2015 on the file of the Motor Accident Claims Tribunal/VI Additional District Court, Madurai. Prayer in CMP(MD). 10042/ 2016 :

To condone the delay o 183 days in filing the Civil Miscellaneous Appeal against the Award and Decree made in MCOP.No.587/2013 dated 27.11.2015 on the file of the Motor Accident Claims Tribunal/VI Additional District Court, Madurai.

Prayer in CMA(MD) No.SR39980 of 2016:

To allow this appeal, set aside the Award and decree made in M.C.O.P.NO.559/2013 dated 27.11.2015 on the file of the Motor Accident Claims Tribunal/ VI Additional District Court, Madurai and pass such other or further orders that are deemed fit and proper in the circumstances of the case.

Prayer in CMA(MD) No.SR39984 of 2016:

To allow this appeal, set aside the Award and decree made in M.C.O.P.NO.560/2013 dated 27.11.2015 on the file of the Motor Accident Claims Tribunal/ VI Additional District Court, Madurai and pass such other or further orders that are deemed fit and proper in the circumstances of the case.

Prayer in CMA(MD) No.SR39990 of 2016:

To allow this appeal, set aside the Award and decree made in M.C.O.P.NO.587/2013 dated 27.11.2015 on the file of the Motor Accident Claims Tribunal/ VI Additional District Court, Madurai and pass such other or further orders that are deemed fit and proper in the circumstances of the case.

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. P.PRABHAKARAN, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- These Petitions are filed to condone the delay of 183 days in filing the above appeal.

2.Though notice was served on the respondents and their names are printed in the cause list and there is no representation for the respondents either in person or through counsel. 3.Being satisfied with the reasons stated in the supporting affidavit filed for condonation, the delay of 183 days is condoned and the Petitions are ordered on payment of cost of Rs.200/- (Rupees Two Hundred Only) each to the Rojavanam Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai, 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 further reference to this Court.

sd/- 08/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL/ VI ADDITIONAL DISTRICT COURT, MADURAI.

+3.C.C. to M/S. P.PRABHAKARAN Advocate SR.No.13133,13134 & 13135 ORDER IN CMP(MD) No.10040 to 10042 of 2016 IN CMA(MD) No.SR39980, 39984 and 39990 of 2016 Date :08/03/2017 AAM-CM MSA/SAR 2 /09.03.2017 3P 5C