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Madras High CourtCMP(MD)/3999/2019allowed

M/S.The Oriental Insurance v. Mrs.Prema,

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Ninth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.3999 of 2019 IN CMA(MD) No.SR30522 of 2018 M/S.THE ORIENTAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, DDJ COMPLEX, OPP. TO VADASERY BUS STAND, NAGERCOIL, KANYAKUMARI DISTRICT. ... PETITIONER/ APPELLANT Vs 1 PREMA 2 MINOR.C.B.ASHIKA 3 MINOR.C.B.ISWARYA 4 ACHIAMMAI (MINOR RESPONDENTS 2 & 3 REPRESENTED BY THEIR MOTHER/NATURAL GUARDIAN/NEXT FRIEND 1ST RESPONDENT HEREIN) 5 GANGADHARAN 6 PARTHASARATHI (RESPONDENTS NOS.5 & 6 GIVEN UP) ... 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 246 days in representation of the above said CMA.SR.No.30522 of 2018 and thus render justice. PRAYER IN CMA(MD) No.SR30522 of 2018:

To set aside the fair and decretal order of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Nagercoil made in M.C.O.P.No.20/2015 dated 25.01.2018.

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.C.JAWAHAR RAVINDRAN, Advocate for the petitioner, the court made the following order:- Today the matter came up for hearing under the caption for 'being mentioned' at the instance of the learned counsel appearing for the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard both sides.

3.This Court by order dated 22.04.2019 allowed this petition on condition that the petitioner shall pay a sum of Rs.500/- to the credit of the Hon'ble Chief Justice Relief Fund on or before 23.04.2019. Since the petitioner was not able to pay the said amount within the time, the matter was listed under the aforesaid caption. 4.When the matter came up for hearing, the learned counsel appearing for the petitioner seeks time to deposit the said amount and this Court has also granted time. As per the time granted by this Court, the petitioner has paid the said amount today and he has also filed a cost memo along with the receipt to that effect. 5.In view of the above, the condition is complied with and the petition is allowed.

sd/- 29/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL CUM CHIEF JUDICIAL MAGISTRATE, NAGERCOIL.

ORDER

IN CMP(MD) No.3999 of 2019 IN CMA(MD) No.SR30522 of 2018 Date :29/04/2019 JM/JC/SAR 4/14.05.2019/2P/2C https://hcservices.ecourts.gov.in/hcservices/