Chandrasekar v. S.Rajendran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eleventh day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4940 of 2019 IN CMA(MD) No.SR51744 of 2018 1 CHANDRASEKAR 2 PITCHAIMANI 3 ARUN KUMAR 4 GURUMOORTHI 5 GNANADEVI (4TH AND 5TH MINOR PETITIONERS/APPELLANTS REP.THRO THEIR GUARDIAN i.e THE 1ST PETITIONER) ... PETITIONERS/ APPELLANTS Vs 1.S.RAJENDRAN 2.THE BRANCH MANAGER SRI RAM GENERAL INSURANCE COMPANY LTD., CHINNA CHOKKIKULAM, MADURAI-625 002. ... 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 136 days paying Rs.1800/- as deficit Court Fee and receive the same and thus render justice. PRAYER IN CMA(MD) No.SR51744 of 2018:

Pleased to allow the Appeal by modifying the Judgment and Decree of the Motor Accidents Claims Tribunal, Special District Judge, Madurai in MCOP No.328 of 2015 dated 17.04.2018 by ordering the 2nd Respondent to pay the compensation amount to the Appellants and recover the same form the 1st Respondent. 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.J.SATHISHKUMAR, Advocate for the petitioners, the court made the following order:- Heard.

https://hcservices.ecourts.gov.in/hcservices/ This petition has been filed by the petitioners seeking to condone the delay of 136 days in paying the deficit Court fee.

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 Chief Justice Relief Fund, 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.

3.This petition is accordingly ordered.

4. 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/- 11/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPEICIAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MADURAI.

COPY TO:

1.THE SECTION OFFICER,(THE CHIEF JUSTICE RELIEF FUND) ACCOUNTS SECTION, 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.4940 of 2019 IN CMA(MD) No.SR51744 of 2018 Date :11/06/2019 TK/PN/SAR.1/18.06.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/