Kaliammal v. Subramanian, 91, Doovipuram,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifth day of July Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5629 of 2019 IN CMA(MD) No.SR19976 of 2017 1 KALIAMMAL 2 MINOR.JEYAPANDEESWARI 3 MINOR.MUTHUPANDEESWARI 4 GURUVAMMAL ... PETITIONERS/ APPELLANTS (MINORS 2 AND 3 PETITIONERS THROUGH THEIR GUARDIAN AND MOTHER 1st PETITIONER) -Vs1 SUBRAMANIAN 2 THE BRANCH MANAGER NATIONAL INSURANCE CO.,LTD., THOOTHUKUDI.
3 GANESAN ... RESPONDENTS/ RESPONDENTS (3rd RESPONDENT IMPLEADED BY LOWER COURT) 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 753 days in representing the CMA.(MD) SR.No.19976 of 2017 and thus render justice.
PRAYER IN CMA(MD) No.SR19976 of 2017:
To allow the appeal and set aside the judgment and decree dated 04.08.2015 made in M.C.O.P.No.183 of 2010 on the file of the learned Motor Accident Claims Tribunal(Chief Judicial Magistrate), virudhunagar at Srivilliputtur and thereby award compensation of Rs.10,00,000/-(Rupees Ten Lakhs only) with interest by allowing the said Original Petition.
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.S.MUNIYANDI, Advocate for the petitioners, the court made the following order:- This petition has been filed by the petitioners seeking to condone the delay of 753 days in representing the above Civil Miscellaneous Appeal.
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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 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/- 05/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE CHIEF JUDICIAL MAGISTRATE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, VIRUDHUNAGAR AT SRIVILLIPUTTUR.
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.5629 of 2019 IN CMA(MD) No.SR19976 of 2017 Date :05/07/2019 JM/VR/SAR-1/18.07.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/