The Branch Manger v. Thangavel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Third day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.3008 of 2019 IN CMA(MD) No.SR7314 of 2016 THE BRANCH MANGER, RELIANCE GENERAL INSURANCE COMPANY LTD., DOOR NO.10/4/4, 2ND FLOOR, THAHA PLAZA, SOUTH BY PASS ROAD, VANNARPETTAI, TIRUNELVELI.

... PETITIONER/APPELLANT Vs 1.THANGAVEL 2 UMA ... 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 828 days in representing the CMA SR No.19539 of 2016 before this Honble Court as against the award passed in MCOP No.777 of 2014 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Tirunelveli.

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.K.GOKUL, Advocate for the petitioner, the court made the following order:- This Civil Miscellaneous Petition has been filed to condone the delay of 410 days in re-presenting the said appeal. 2.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on condition that the petitioner/Insurance Company deposits the entire award amount to the credit of M.C.O.P.No.777 of 2014 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Tirunelveli and deposits a sum of Rs.

1,000/- to the credit of Chief Justice Relief Fund within a period of three weeks from the date of receipt of a copy of this order, failing which, the delay condoned by this Court shall stand vacated automatically without any further reference to this Court. On such deposit being made, the claimants are permitted to withdraw 75% of the deposited amount on their proportionate shares with accrued interest and costs without filing https://hcservices.ecourts.gov.

any formal petition before the Tribunal.

3.The Registry is directed to number the appeal if the papers are otherwise in order and after showing the proof of cost. sd/- 03/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

COPY TO:- 1.THE SECTION OFFICER ACCOUNTS SECTION, CHIEF JUSTICE RELIEF FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to MR.K.GOKUL Advocate SR.No.6126

ORDER

IN CMP(MD) No.3008 of 2019 IN CMA(MD) No.SR7314 of 2016 Date :03/04/2019 AE/PN/SAR-II/10.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/