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Madras High CourtCMP(MD)/3720/2019allowed

M/S.Bharti Axa General v. N.Kandavel,

2019-04-12Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twelfth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.3720 of 2019 IN CMA(MD) No.SR41390 of 2018 BHARTI AXA GENERAL INSURANCE COMPANY LTD., REP.BY THROUGH ITS AUTHORIZED SIGNATORY, SHIR RAM CENTRE, NO.180, GROUND FLOOR, PP CHAVADI, THENI MAIN ROAD, MADURAI.

... PETITIONER/APPELLANT Vs 1 N.KANDAVEL, 2 MINOR K.R.SUSEMA DEVI 3 MINOR K.SUJITHA 4 M.SANGILI MALA 5 M.MURUGESAN 6 A. MURUGAN (MINOR RESPONDENTS 2 AND 3 ARE REPRESENTED BY FATHER AND GUARDIAN 1ST RESPONDENT HEREIN) ... 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 171 days in representing the above Civil Miscellaneous Petition and thus render justice. PRAYER IN CMA(MD) No.SR41390 of 2018 set aside the decree and judgment of Motor Accidents Claims Tribunal-IIIrd Additional District Judge (PCR) Madurai in M.C.O.P.NO.950/2014 dated 22.09.2017 and allow the appeal and pass such other further orders.

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.G.MARUTHIAH, Advocate for the petitioner, the court made the following order:- This Civil Miscellaneous Petition has been filed to condone the delay of 171 days in re-presenting the above said appeal. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned counsel for the petitioner.

3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed with cost of Rs.200/-.

4.The petitioner is directed to pay a sum of Rs.200/- to the credit of Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai, within a period of two weeks from the date of receipt of a copy of this order, failing which, the delay condoned by this Court shall stand vacated automatically. The Registry is directed to number the appeal if the papers are otherwise in order and after showing the proof of cost.

sd/- 12/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE III ADDITIONAL DISTRICT JUDGE(PCR), MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

THE SUB-ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADURA HIGH COURT, PS/VR/SAR-2/26.04.2019/2P/4C

ORDER

IN CMP(MD) No.3720 of 2019 IN CMA(MD) No.SR41390 of 2018 Date :12/04/2019 https://hcservices.ecourts.gov.in/hcservices/