Madras High CourtCMP(MD)/4754/2019ordered

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

2019-06-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fourth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4754 of 2019 IN CMA(MD) No.SR15577 of 2018 M/S.ORIENTAL INSURANCE COMPANY LTD., THROUGH ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, WEST VELI STREET, MADURAI 1.

... PETITIONER/ APPELLANT Vs 1 R.CHINNAPONNU 2 R.RAJADEVAN 3 MINOR.R.RADHA 4 MINOR.R.RANJITHA (MINOR PETITIONER 3,4, WERE DECLARED MAJOR IN I.A.NO.493/2016 AND 495/2016 AND AS PER ORDER IN I.A.NO.520/2016 DATED 07.11.2016 CLAIM WAS AMENDED.

5 A.SELVAM 6 D.KARIKALAN 7 M/S.BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, NO.108, TPK ROAD, MADURAI.

8 M.PANDI ... RESPONDENTS/ RESPONDENTS AS PER ORDER IN I.A.NO.229/2017 DATED 05.07.2017, 5th RESPONDENT WAS IMPLEADED AND AS PER ORDER IN I.A.NO.743/2017 DATED 15.11.2017 CLAIM PETITION WAS AMENDED.

(RESPONDENT NO.5 GVEN UP) 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 days 361 in paying the deficit court fee of Rs.4795/- in the above CMA.SR.No.15577 of 2018 and thus render justice.

PRAYER IN CMA(MD) No.SR15577 of 2018:

To set aside the order of the Motor Accident Claims Tribunal cum Communal Clashes Cases Court, Madurai made in M.C.O.P.No.825/2010, dated 19.01.2018.

https://hcservices.ecourts.gov.in/hcservices/

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:- Heard.

2.This petition has been filed by the petitioner seeking to condone the delay of 361 days in paying the deficit Court fee of Rs.4795/- in 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.1000/-(Rupees one thousand only) to the Legal Aid Services Committee, attached to this Bench, within a 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.This petition is accordingly ordered.

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

sd/- 04/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL CUM COMMUNAL CLASHES CASES COURT, MADURAI.

COPY TO:

1. THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

ORDER IN CMP(MD) No.4754 of 2019 IN CMA(MD) No.SR15577 of 2018 Date :04/06/2019 MS/PN/SAR-2/10.06.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/