Madras High CourtCMP(MD)/3065/2018ordered

M/S.The United India Insurance v. Ramathilakam

2018-06-12Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twelfth day of June Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3065 of 2018 IN CMA(MD) No.SR11203 of 2018 M/S.THE UNITED INDIA INSURANCE COMPANY LIMITED, 1170, METTUR ROAD, 2ND FLOOR, MUTHAIAH COMPLEX, ERODE DISTRICT, BRANCH OFFICE: DIVISIONAL MANAGER, DIVISIONAL OFFICE, THE UNITED INDIA INSURANCE COMPANY UNIT-1 PROMENADE ROAD, TRICHY-1. ... PETITIONER / APPELLANT Vs 1 RAMATHILAKAM 2 MINOR MAHAMUNI @ DEVARAJ (2nd Minor Respondent is represented by his mother and next friend, the 1st Respondent / Ramathilakam) 3 MUTHUSAMY 4 PERIYAKKAL 5 MUTHUKUMAR ... 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 138 days in filing the above C.M.A.(MD). SR.No.11203 of 2018 and thus render justice.

Prayer in C.M.A.(MD)No.SR.11203 of 2018: To set aside the Judgment and Decree of the Claims Tribunal in M.C.O.P. No.4422 of 2013, dated 24.06.2017 on the file of the Motor Accident Claims Tribunal, Special District Court (MCOP), Tiruchirappalli and allow the appeal with costs and thus render justice.

https://hcservices.ecourts.gov.in/hcservices/ 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.J.S.MURALI, Advocate for the petitioner the court made the following order:- Heard.

This petition is filed by the petitioner seeking to condone the delay of 138 days in filing the above Civil Miscellaneous Appeal. 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 Services Authority, attached to this Bench, within a period of one week from the date of receipt of copy of this order.

3.This petition is accordingly ordered.

4.In the event of payment of cost, the Registry is directed to number the appeal and list the appeal "for admission" on 14.06.2018. sd/- 12/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL DISTRICT COURT (MCOP), MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUCHIRAPPALLI. 2 THE OFFICER INCHARGE, LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.3065 of 2018 IN CMA(MD) No.SR11203 of 2018 Date :12/06/2018 SDS/PN/RNB/12.06.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/