Madras High CourtCMP(MD)/2211/2018ordered

Edward Raj, v. Antony Kumar

2018-04-02Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2211 of 2018 IN CMA(MD) No.SR.45631 of 2016 1 EDWARD RAJ 2 GNANASELVAM ... PETITIONERS / APPELLANTS Vs 1 ANTONY KUMAR 2 THE BRANCH MANAGER SHRI RAM GENERAL INSURANCE COMPANY LTD., OFFICE AT E-8 RIICO INDUSTRIAL AREA, SITAPURA JAIPUR , RAJASTHAN-302 022 ... 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 325 days Restoration in CMP(MD) No.208 of 2017 in CMA(MD) SR.No.45631 of 2016 dated 15.3.2017 on the file of this Honourable Court and thus render justice. PRAYER IN CMA(MD) No.SR.

45631 of 2016:- to allow this appeal and enhance the award amount in M.C.O.P.No.1233 of 2013 on the file of the Motor Accident Claims Tribunal, (II Additional District Judge), Tirunelveli, dated 16.04.2015 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.T.SELVAKUMARAN, Advocate for the petitioner and the court made the following order:- This petition has been filed to condone the delay of 325 days in filing a petition to restore the petition in CMP(MD)No.208 of 2017 in CRP(MD)No.SR45631 of 2016, which was dismissed on 15.03.2017.

2. 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.500/-(Rupees Five Hundred only) to the Legal Aid https://hcservices.ecourts.gov.in/hcservices/

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

3. This petition is accordingly ordered.

sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENTY CLAIMS TRIBUNAL, (II ADDITIONAL DISTRICT JUDGE), TIRUNELVELI COPY TO:- THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI gk JAM/05/04/2018/ CM-VR / SAR 1/ 2p-3c

ORDER

IN CMP(MD) No.2211 of 2018 IN CMA(MD) No.SR.45631 of 2016 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/