Madras High CourtCMP(MD)/10055/2016allowed

Rajkamal, v. The Managing Director,

2016-11-01Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the First day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMP(MD) No.10055 of 2016 IN CROS.OBJ(MD) No.SR51911 of 2013 IN CMA(MD)No.110 of 2008 1 RAJKAMAL, 2 MINOR.AJITHKUMAR, [MINOR APPELLANTS 2 IS REP.BY THEIR NATURAL GUARDIAN AND NEXT FRIEND THE 1ST APPELLANT HEREIN] 3 MOHAN, .. PETITIONERS/CROSS APPELLANTS Vs.

1 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION LTD., MADURAI NORTH BRANCH, MADURAI.

2 SUKUMARAN, 3 SAILANDERI 4 RENUKA, 5 UNITED INDIA INSURANCE COMPANY LTD., II ND FLOOR, XAVIER VILLAGE, NAGERCOIL VILLAGE, AGASTEESWARAM TALUK, KANYAKUMARI DIST.

..RESPONDENTS/RESPONDENTS Prayer in CMP(MD) No.10055 of 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 of 774 days in representing this Cross appeal (MD) SR.No.51911 of 2013.

Prayer in Cross appeal(MD)SR.No.51911 of 2013:- Petition filed under Order XLI, Rule 22 r/w Section 96(1) &

(2) of CPC., praying to set aside the award dated 27.03.2007 passed in MCOP.No.7 of 2003 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Nagercoil in so far against the fixing of contributory negligence and disallowed portion are concerned,and allow the above cross appeal.

Prayer in CMA(MD). 110/ 2008 :

The Appellant above named begs to prefer this Memorandum of Grounds of Civil Miscellaneous Appeal against he Judgment and award made in MCOP.No.7/2003 dated 27/03/2007 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Nagercoil. https://hcservices.ecourts.gov.in/hcservices/

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.T.RAMESH RAJA, Advocate for the petitioner and of Mr.C.GODWIN, Advocate on behalf of the Respondents Mr.N.ASAI THAMBI, Advocate for appellant in CMA, the court made the following order:- This petition has been filed to condone the delay of 774 days in representing the cross objection.

2. Considering the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the delay is condoned on payment of cost of Rs.1,000/- (Rupees One thousand only) to the Legal Services Authority attached to this bench, on or before 07.11.2016, failing which this petition shall stand dismissed automatically without any further reference to this court.

3. If the aforesaid condition is complied with within the time stipulated, and if the papers are in order, Registry is directed to number the appeal and post the same for admission. sd/- 01/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE MOTOR ACCIDENT CLAIMS TRIBUNAL, CHIEF JUDICIAL MAGISTRATE, NAGERCOIL.

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

ORDER IN CMP(MD) No.10055 of 2016 IN CROS.OBJ(MD) No.SR51911 of 2013 IN CMA(MD)No.110 of 2008 Date :01/11/2016 PBK/SS-3/SAR-I 03/11/2016 ::2P-3C:

https://hcservices.ecourts.gov.in/hcservices/