Gopal v. S.Rethinambal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of July Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3906 of 2019 IN CMA(MD) No.SR15352 of 2019 1.GOPAL 2 KOUSALYA, ... PETITIONERS/APPELLANTS Vs 1 S.RETHINAMBAL (1ST RESPONDENT WAS SET-EXPARTE BEFORE THE TRIBUNAL. HENCE, 1ST RESPONDENT MAY BE DISPENSED WITH) 2 THE NEW INDIA ASSURANCE COMPANY LTD., FORT STATION ROAD, TRICHIRAPPALLI - 2.

... 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 1285 days in filing the above Civil Miscellaneous Appeal against the judgment and decree in MCOP.No.86 of 2013 on the file of Motor Accident Claims Tribunal/Special District Judge, Trichirappalli dated 15.06.2015 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 MR.N.SUDHAGAR NAGARAJ, Advocate for the petitioner, the court made the following order:- Heard 2.This petition has been filed by the petitioners seeking to condone the delay of 1285 days in filing the above Civil Miscellaneous Appeal.

3.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.2,500/- (Rupees two thousand and five hundred only) to the Legal Aid Service Authority, attached to this Bench, within a https://hcservices.ecourts.gov.in/hcservices/

period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

4. The petitioners are not entitled for interest for the delayed period, if there is any enhancement of compensation passed in this appeal.

5.This petition is accordingly ordered.

6.In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 01/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, TRICHIRAPPALLI.

COPY TO:

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

ORDER

IN CMP(MD) No.3906 of 2019 IN CMA(MD) No.SR15352 of 2019 Date :01/07/2019 msa AE/VR/SAR-I (04.07.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/