Manisha(Minor) v. Prabhakaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Third day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12108 of 2017 IN CMA(MD) No.SR47394 of 2017 1 MANISHA(MINOR) 2 DIVYA(MINOR) 3 KANDASAMY ... PETITIONERS/PETITIONERS (1st AND 2nd APPELLANT REP.BY HER GRANDFATHER/GUARDIAN 3rd APPELLANT) Vs 1 PRABHAKARAN 2 THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., MOUNT ROAD BRANCH, BRANCH CODE 500401, CHENNAI AND DISTRICT HAVING OFFICE AT SOUTH CAR STREET, NAGERCOIL POST&VILL, AGASTEESWARAM TALUK, KANYAKUMARI DISTRICT.

3 MANIKANDAN 4 MADHAVAMANI ... RESPONDENTS/RESPONDENTS (*) Cause title accepted vide court order dated 06.12.2017 made in CMP(MD)No.11135/2017 in CMA(MD)No.SR47394/2017 by GRSJ. 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 734 days for filing this civil miscellaneous appeal.

PRAYER IN CMA(MD) No.SR47394 of 2017:

To call for the records relating to the fair and decreetal order passed by Learned Chief Judicial Magistrate, Motor Accident Claims Tribunal, Nagercoil, Kanyakumari District in M.C.OP.37 of 2014 dated 31.08.2015 and to enhance the compensation and https://hcservices.ecourts.gov.in/hcservices/

consequenty award just compensation by considering the Retham situation of money and thus render justices.

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.K.P.NARAYANAKUMAR, Advocate for the petitioner, the court made the following order:- This Civil Miscellaneous petition has been filed to condone the delay of 734 days in filing the above civil miscellaneous appeal in C.M.A(MD)No.SR47394 of 2017.

2.Being satisfied with the reasons stated in the affidavit filed in support of this petition, I am inclined to allow the petition on terms.

3. Accordingly, this petition is ordered. However, it is made clear that the petitioners/claimants are not entitled to any interest for the enhanced amount of compensation for the aforesaid period of delay, in case, any enhancement is made in this appeal. sd/- 03/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, NAGERCOIL, KANYAKUMARI DISTRICT.

ORDER

IN CMP(MD) No.12108 of 2017 IN CMA(MD) No.SR47394 of 2017 Date :03/04/2018 PK/RR/SAR-1/09.04.2018 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/