Madras High CourtCMP(MD)/3883/2019dismissed

National Insurance Co Ltd, v. Rajakumari,

2019-04-22Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2019

CORAM:

THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM C.M.P.(MD) No.3883 of 2019 in C.M.A.(MD)No.SR38208 of 2014 and C.M.A.(MD)No.SR38208 of 2014 National Insurance Company Limited, Thiruppur, Coimbatore District, represented by its Branch Manager.

... Petitioner Vs.

1.Rajakumari Muniasamy (died) 2.Selvi Valli 3.S.Ramakrishnan ... Respondents PRAYER in C.M.P.(MD) No.3883 of 2019: Civil Miscellaneous Petition is filed under Order IV Rule 9 (4) of AS Rules, to condone the delay of 1620 days in re-presenting the above said appeal in C.M.A. (MD)No.SR38208 of 2014.

PRAYER in C.M.A.(MD)No.SR38208 of 2014:Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set aside the fair and decreetal order dated 14.03.2014 made in MCOP No.2360 of 2004 on the file of the Motor Accident Claims (Additional District & Sessions Court), Madurai.

For Petitioner :

Mr.S.Srinivasa Raghavan

ORDER

This Civil Miscellaneous Petition has been preferred to condone the delay of 1620 days in re-presenting the above civil miscellaneous appeal.

2.From the records, it is observed that the fair and decreetal order in MCOP No.2360 of 2004 was passed on 14.03.2014. The appeal was preferred on 26.08.2014, but the same was returned on 27.08.2014 to comply with certain defects.

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3.The petitioner contended that the delay occurred only due to the administration defects, for which, the petitioner is not responsible. Hence, he has filed the present petition to condone the said delay.

4.On perusal of records, it is observed that the decree was passed on 14.03.2014 and the return was made on 27.08.2014, whereas, the reason stated by the petitioner is not a fair one. 5.Considering the abnormal delay, this Civil Miscellaneous Petition is dismissed.

Consequently, connected C.M.A.(MD) No.SR38208 of 2014 is also rejected at the SR stage itself. Sd/- Assistant Registrar (P & A) // True Copy // Sub Assistant Registrar(CS) mm To The V Additional District & Sessions Judge(MACT), Madurai.

COPY TO The Section Officer,A.E.Section, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.S.SRINIVASA RAGHAVAN, Advocate Sr. No. 61671 C.M.P.(MD) No.3883 of 2019 in C.M.A.(MD)No.SR38208 of 2014 and C.M.A.(MD)No.SR38208 of 2014 22.04.2019 MA(CO) TR (09.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/