The Oriental Insurance v. Shanmugam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Third day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.3848 of 2019 IN CMA(MD) No.SR15136 of 2018 THE ORIENTAL INSURANCE COMPANY LTD, REP. BY ITS BRANCH MANAGER, LAYOLA BUILDING 1ST FLOOR, SALAI ROAD, DINDIGUL CORPORATION, DINDIGUL DISTRICT.

... PETITIONER/ APPELLANT Vs 1 SHANMUGAM 2 SELVI 3 PAPPATHI ... RESPONDENTS/ RESPONDENTS (3rd RESPONDENT REMAINED EXPARTE BEFORE THE LOWER COURT) 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 311 days in representing the above CMA SR.No.15136 of 2018 and thus render justice.

PRAYER IN CMA(MD) No.SR15136 of 2018:

To set aside the Award of Rs.14,01,000/- (Rupees Fourteen Lakhs one thousand only) passed in M.C.O.P.No.772 of 2014, dated 05.02.2018, on the file of the Motor Accidents Claims Tribunal cum Additional district Judge,(Full Incharge), Dindigul. 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.BHASKARAN, Advocate for the petitioner, the court made the following order:- This Civil Miscellaneous Petition has been filed to condone the delay of 311 days in re-presenting the above said appeal. 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.1,000/-.

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4.The petitioner is directed to pay a sum of Rs.1,000/- to the credit of Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai, on or before 26.04.2019, failing which, the delay condoned by this Court shall stand vacated automatically. The Registry is directed to number the appeal and post the same on 30.04.2019 under the caption "for admission" if the papers are otherwise in order and after showing the proof of cost. sd/- 23/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE,(FULL INCHARGE), THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, DINDIGUL.

COPY TO:

1 THE SECTION OFFICER,(Chief Justice Relief Fund) 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.3848 of 2019 IN CMA(MD) No.SR15136 of 2018 Date :23/04/2019 MS/MMS/SAR-4/26.04.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/