National Insurance Company v. Rajan @ Raja,
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.5750 of 2019 IN CMA(MD) No.SR28211 of 2018 NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER, HAVING OFFICE CODE 501 901, SOURKARPETTAI BRANCH, OFFICE NO.378, MAIN ROAD, SOURKARPETTAI, CHENNAI DISTRICT-600 001. ... PETITIONER/APPELLANT Vs 1 RAJAN @ RAJA 2 B.SENTHILKUMAR (OWNER OF TN 20 BU 4680-TARRUS LORRY) ... 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 330 days in representing this CMA(MD) SR.No.28211 of 2018 and order to take the Appeal into file. PRAYER in CMA(MD) SR.No.28211 of 2018 :
To allow this appeal and set-aside the Judgment and Decree dated 26.03.2018 passed in M.C.O.P.No.72 of 2016 on the file of the Motor Accident Claims Tribunal, Additional District Judge cum Special Judge, Pudukkottai.
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.A.S.MATHIALAGAN, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 330 days in representing the above Civil Miscellaneous Appeal.
https://hcservices.ecourts.gov.in/hcservices/ 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.1500/- (Rupees one thousand and 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/- 05/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE ADDITIONAL DISTRICT JUDGE CUM SPECIAL JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKKOTTAI.
COPY TO : THE SECTION OFFICER, ACCOUNTS SECTION (CHIEF JUSTICE RELIEF FUND), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO : THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.5750 of 2019 IN CMA(MD) No.SR28211 of 2018 Date :05/07/2019 msa PK/VR/SAR-3/12.07.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/