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Madras High CourtCMP(MD)/4038/2019allowed

M/S.Oriental Insurance Company v. Mrs.R.Chinnaponnu

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Second day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.4038 of 2019 IN CMA(MD) No.SR15577 of 2018 ORIENTAL INSURANCE COMPANY LTD., THROUGH ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, WEST VELI ST., MADURAI 1. PETITIONER/APPELLANT Vs 1 R.CHINNAPONNU 2 MR.R.RAJADEVAN, 3 MINOR.R.RADHA, 4 MINOR.R.RANJITHA,D/O.LATE (MINOR PETITIONERS 3,4 WERE DECLARED MAJOR IN IA .493/2016 AND 495/16 AND AS PER ORDER IN IA .520/16 DATED.07.11.16 CLAIM PETITION WAS AMENDED) 5 A.SELVAM, 6 D.KARIKALAN 7 BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, NO.108, TPK ROAD, MADURAI 8 M.PANDI (AS PER ORDER IN IA.229/17 DATED .5.07.2017, 5TH RESPONDENT WAS IMPLEADED AND AS PER ORDER IN IS.743/17 DATED.15.

11.17 CLAIM PETITION WAS AMENDED) ... RESPONDENS/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 347 days in representation of the above said CMA.SR.No.15577 of 2018 and thus render justice. PRAYER IN CMA(MD) No.SR15577 of 2018 set aside the order of the Motor Accident claims Tribunal cum Communal Clashe Cases Court, Madurai made in M.C.O.P.No825/2010, dated 19.01.2018 and allow the appeal with costs and render justice. https://hcservices.ecourts.gov.

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:- This Civil Miscellaneous Petition has been filed to condone the delay of 347 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.500/-.

4.The petitioner is directed to pay a sum of Rs.500/- to the credit of Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai, on or before 23.04.2019, 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 24.04.2019 under the caption "for admission" if the papers are otherwise in order and after showing the proof of cost. sd/- 22/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE COMMUNUAL CLASHES CASES COURT, 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 MADRAS HIGH COURT, MADURAI.

PS/VR/SAR-1/26.04.2019/2P/4C

ORDER

IN CMP(MD) No.4038 of 2019 IN CMA(MD) No.SR15577 of 2018 Date :22/04/2019 https://hcservices.ecourts.gov.in/hcservices/