Madras High CourtCMP(MD)/11978/2017ordered

National Insurance Company v. Karu. Seenivasan

2018-04-17Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Seventeenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11978 of 2017 IN CMA(MD) No.SR45491 of 2017 NATIONAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, KARAIKUDI, V.O.C. ROAD, KARAIKUDI TOWN, SIVAGANGAI DISTRICT. ... PETITIONER / APPELLANT Vs 1 KARU. SEENIVASAN 2 KA. ALAGIAH ... RESPONDENTS / RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pleased to Condone the delay of 207 days in filing this appeal in C.M.A.SR.No.45491 of 2017 and pass such further or other order may deem fit and proper in the circumstances of the case and thus render justice.

PRAYER IN CMA(MD) No.SR45491 of 2017: To allow this appeal and set aside against the 48 of 2012 on the file of the Motor Accident Claims Tribunal, Sub Court, Devakottai and praying to set aside. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.S.MATHIALAGAN, Advocate for the petitioner the court made the following order:- This petition has been filed to condone the delay of 207 days in filing the above civil miscellaneous appeal in C.M.A.(MD) No.SR45491 of 2017, against the award passed in M.C.O.P.No.48 of https://hcservices.ecourts.gov.in/hcservices/ 2012.

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 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/- 17/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DEVAKOTTAI.

2 THE OFFICER INCHARGE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.11978 of 2017 IN CMA(MD) No.SR45491 of 2017 Date :17/04/2018 SDS/CM:VR/GSR/23.04.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/