Sumathy v. Umeswari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twelfth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1451 of 2018 IN CMA(MD) No.SR5085 of 2018 1 SUMATHY 2 SUTHA 3 MAYIL 4 SEVVANTHI ... PETITIONERS/APPELLANTS Vs 1 UMESWARI 2 NEW INDIA ASSURANCE COMPANY LTD., NO.3, U FLOOR, MAIN ROAD, DINDIGUL, THROUGH ITS ZONAL MANAGER.

... 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 601 days in filing this Civil Miscellaneous Appeal as against the award passed in MCOP.No.607 of 2012 on the file of the IV Additional Sub Judge, Madurai. PRAYER IN CMA(MD) No.SR5085 of 2018 To enhance the compensation and to modify the award to a total compensation of Rs.1,50,000/- to the appellants in M.C.O.P. No. 607 of 2012 on the file of the IV Additional Sub Judge, Madurai. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.A.EBENEZER, Advocate for the petitioners and of R1 not appeared either in person or by an Advocate and MR.K.MURUGESAN, Advocate for the R2, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 601 days in filing the above Civil Miscellaneous Appeal.

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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.1000/-. (Rupees one thousand only) to the Chief Justice Relief Fund, within a period of one week from the date of receipt of a copy of this order. However, the petitioners are not entitled to get interest for the delay period if any enhancement will be made.

3. This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the appeal if it is otherwise in order and list the same "for admission" forthwith.

sd/- 12/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE IV ADDITIONAL SUBORDINATE JUDGE, MADURAI COPY TO:- 1. THE SECTION OFFICER, ACCOUNTS SECTION, 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) No.1451 of 2018 IN CMA(MD) No.SR5085 of 2018 Date :12/11/2018 MSI/PN/SAR-II/15.11.2018-2P/4C https://hcservices.ecourts.gov.in/hcservices/