Madras High CourtCMP(MD)/5042/2019ordered

The Managing Director v. Rahul Karthick

2019-06-14Honourable Mrs Justice J. Nisha Banu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fourteenth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) Nos.5042 to 5046 of 2019 IN CMA(MD) Nos.SR20941, 20944, 20953, 20596 & 20959 of 2018 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, VILLUPURAM DIVISION, VILLUPURAM, VILLUPURAM DISTRICT.

... PETITIONER/ APPELLANT IN ALL THE PETITIONS - VS. -

1. RAHUL KARTHICK

2. VINAYAGA LAKSHMI (THE RESPONDENTS ARE REP. BY THIER POWER AGENT RAJAGOPAL, S/O.IYYAPPAN)

3. THE BRANCH MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LTD, DOOR NO.11/1B, 3RD FLOOR, V.COMPLEX, BYE PASS ROAD, MADURAI-10.

... RESPONDENTS/ RESPONDENTS IN CMP(MD). 5042/ 2019

1. RAJAGOPAL

2. ASOK KANNAN

3. SARAVANA PRABHU

4. VINAYAGA LAKSHMI (THE 2nd RESPONDENT IS REPRESENTED BY THIER POWER AGENT RAJAGOPAL, S/O.IYYAPPAN)

5. RAHUL KARTHICK

6. THE BRANCH MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LTD, FOOR NO.11/1B, 3RD FLOOR, V.COMPLEX, BYE PASS ROAD, MADURAI-10.

... RESPONDENTS/ RESPONDENTS IN CMP(MD). 5043/ 2019

1. VINAYAGA LAKSHMI (THE 1st RESPONDENT IS REP. BY HER POWER AGENT RAJAGOPAL, S/O.IYYAPPAN)

2. RAHUL KARTHICK

3. THE BRANCH MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LTD, FOOR NO.11/1B, 3RD FLOOR, V.COMPLEX, BYE PASS ROAD, MADURAI-10.

... RESPONDENTS/ RESPONDENTS IN CMP(MD). 5044/ 2019

1. NAGARANI

2. AMARNATH

3. SREE RAM KUMAR

4. MARIAMMAL

5. RAHUL KARTHICK

6. THE BRANCH MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LTD, FOOR NO.11/1B, 3RD FLOOR, V.COMPLEX, BYE PASS ROAD, MADURAI-10.

... RESPONDENTS/ RESPONDENTS IN CMP(MD). 5045/ 2019

1. RAHUL KARTHICK (THE 1st RESPONDENT IS REP. BY HIS POWER AGENT RAJAGOPAL, S/O.IYYAPPAN)

2. THE BRANCH MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LTD, FOOR NO.11/1B, 3RD FLOOR, V.COMPLEX, BYE PASS ROAD, MADURAI-10.

... RESPONDENTS/ RESPONDENTS IN CMP(MD). 5046/ 2019 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 348 days caused in representing the appeal in CMA(MD)SR.No.20941 of 2018 and thus render justice. Prayer in CMA(MD) Nos.SR20941:

To allow this appeal, setaside the award and decree made in M.C.O.P.No.43 of 2012 dated 03.07.2017 on the file of the Motor Accident Claims Tribunal/ Sub Court, Aruppukottai. Prayer in CMP(MD). 5043/ 2019 :

Pleased to condone the delay of 348 days caused in representing the appeal in C.M.A.(MD)SR.No.20944 of 2018 and thus render justice.

Prayer in CMA(MD) Nos.SR20944:

To allow this appeal, setaside the award and decree made in M.C.O.P.No.44 of 2012 dated 03.07.2017 on the file of the Motor Accident Claims Tribunal/ Sub Court, Aruppukottai.

Prayer in CMP(MD). 5044/ 2019 :

Pleased to condone the delay of 348 days caused in representing the appeal in CMA(MD)SR.No.20953 of 2018 and thus render justice.

Prayer in CMA(MD) Nos.SR20953:

To allow this appeal, setaside the award and decree made in M.C.O.P.No.49 of 2012 dated 03.07.2017 on the file of the Motor Accident Claims Tribunal/ Sub Court, Aruppukottai. Prayer in CMP(MD). 5045/ 2019 :

Pleased to condone the delay of 348 days caused in representing the appeal in CMA(MD)SR.No.20956 of 2018 and thus render justice.

Prayer in CMA(MD) Nos.SR20956:

To allow this appeal, setaside the award and decree made in M.C.O.P.No.50 of 2012 dated 03.07.2017 on the file of the Motor Accident Claims Tribunal/ Sub Court, Aruppukottai. Prayer in CMP(MD). 5046/ 2019 :

Pleased to condone the delay of 348 days caused in representing the appeal in CMA(MD)SR.No.20959 of 2018 and thus render justice.

Prayer in CMA(MD) Nos.SR20959:

To allow this appeal, setaside the award and decree made in M.C.O.P.No.51 of 2012 dated 03.07.2017 on the file of the Motor Accident Claims Tribunal/ Sub Court, Aruppukottai. 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.P.PRABHAKARAN, Advocate for the petitioner in all the petitions, the court made the following order:- These petitions have been filed by the petitioner seeking to condone the delay of 348 days in representing the above Civil Miscellaneous Appeals.

2.Considering the reasons stated in the affidavit filed in support of the petitions and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.1,000/- (Rupees one thousand only) each to the Legal Services Committee, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which these petitions shall stand dismissed automatically without any further reference to this Court.

3.These petitions are accordingly ordered.

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

sd/- 14/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL/ SUB COURT, ARUPPUKOTTAI.

COPY TO:

1 THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTTEE, 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) Nos.5042 to 5046 of 2019 IN CMA(MD) Nos.SR20941, 20944, 20953, 20596 & 20959 of 2018 Date :14/06/2019 JM/VR/SAR 2/24.06.2019/4P/4C