National Insurance Company v. Shahin, S/O.Paul Dhas
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.825 of 2019 IN CMA(MD) No.SR15178 of 2018 NATIONAL INSURANCE COMPANY LTD., REP.BY ITS BRANCH MANAGER, HAVING OFFICE AT ANGUVILAS BUILDINGS, NORTH CAR ST, NAGERCOIL, KANYAKUMARI DISTRICT. ... APPELLANT/PETITIONER Vs 1 SHAHIN 2 JOHN JEBARAJ 3 DAVID 4 ESSA ... 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 79 days in filing this appeal in C.M.A.SR.No.15178 of 2018.
PRAYER IN CMA(MD) No.SR15178 of 2018:
To allow this appeal and set-aside the Judgement and Decree dated 05.09.2017 passed in M.C.O.P.No.103 of 2016 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Nagercoil and pass such other or further orders as this Hon'ble court may deem fit and proper in the circumstances of this case and thus render justice.
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 is filed to condone the delay of 79 days in filing the Civil Miscellaneous Appeal in CMA SR.No.15178 of 2018 https://hcservices.ecourts.gov.in/hcservices/
2. Heard the learned counsel appearing for the petitioner.
3. This Court is satisfied with the reasons stated in the affidavit filed in support of the petition to condone the delay of 79 days in filing the Civil Miscellaneous Appeal. Since the delay is inordinate, the delay is condoned on condition that the petitioner / appellant shall pay a sum of Rs.500/- (Rupees Five Hundred only) to the District Legal Services Authority on or before 08.02.2019.
4. Registry is directed to number the appeal and post the case on 12.02.2019 if the papers are otherwise in order. sd/- 04/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, NAGERCOIL.
COPY TO:
1.THE AUTHORITY OFFICER, DISTRICT LEGAL SERVICES AUTHORITY, KANYAKUMARI DISTRICT.
2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.825 of 2019 IN CMA(MD) No.SR15178 of 2018 Date :04/02/2019 TK/PN/SAR-2/07.02.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/