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Madras High CourtCMP(MD)/3484/2019ordered

The Manager, v. Santhanakarpu,

2019-04-05Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.3484 of 2019 IN CMA(MD) No.SR1943 of 2015 THE MANAGER, RELIANCE GENERAL INSURANCE CO.LTD., 408, 3RD FLOOR, PERUNTHURAI ROAD, ERODE-11.

... PETITIONER/APPELLANT Vs 1 SANTHANAKARPU, 2 PAPATHI, 3 PROPRIETOR SRI SRINIVASA BAGS (TN47 V7620), 224A, ARUVANKURICHI ROAD, THIRUMANILAIYUR, KARUR-3. ... 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 1435 days in representing the C.M.A.(MD) SR.No.1943 of 2015 before this Honourable Court as against the award passed in M.C.O.P.No.409 of 2011 on dated 18.07.2014 on the file of the MACT, Principal District Judge, Dindigul, and thus render justice.

PRAYER IN CMA(MD) No.SR1943 of 2015 set aside the judgment and Decree dated 18.07.2014 passed in M.C.O.P.No.409 of 2011 on the file of the Motor Accident Claims Tribunal, Principal District Court, Dindigul, and allow the present Civil Miscellaneous Appeal, and thus render justice. 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.K.GOKUL, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- This Civil Miscellaneous Petition has been filed to condone the delay of 1435 days in re-presenting the said appeal. https://hcservices.ecourts.gov.in/hcservices/ 2.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on

condition that the appellant/Insurance Company deposits the entire award amount to the credit of M.C.O.P.No.409 of 2011 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Dindigul and deposits a sum of Rs.2,000/- to the credit of Legal Aids Service Authority attached to this bench 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. 3.The Registry is directed to number the appeal if the papers are otherwise in order and after showing the proof of cost. sd/- 05/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL.

COPY TO THE OFFICER INCHARGE, LEGAL AIDS SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

PS/JC/SAR-3/11.04.2019/2P/4C

ORDER

IN CMP(MD) No.3484 of 2019 IN CMA(MD) No.SR1943 of 2015 Date :05/04/2019 https://hcservices.ecourts.gov.in/hcservices/