Madras High CourtCMP(MD)/3175/2018ordered

Kandasamy v. V.Sathyanagasubramanian

2018-04-02Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3175 of 2018 IN CMA(MD) No.SR20110 of 2017 KANDASAMY ... APPELLANT / CLAIMANT Vs 1 V.SATHYANAGASUBRAMANIAN 2 THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., WEST VELI STREET, MADURAI ... RESPONDENTS / RESPONDENTS (RESPONDENT No.1 SET EXPARTE BY THE TRIBUNAL. HENCE NOTICE MAY BE GIVEN UP AGAINST R1 HEREIN) 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 285 days in representing the above CMA.SR. (MD) No.20110 of 2017 and thus render justice. PRAYER IN CMA(MD) No.SR20110 of 2017:- to allow the appeal and modify and enhancement of quantum the award passed in MCOP No.395 of 2013 dated 18.07.2014 on the file of the Motor Accident Claims Tribunal / Special Sub Court for MCOP Cases, Madurai and pass such further or other orders as this Hon'ble Court.

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.N.PALANISAMY, Advocate for the petitioner and the court made the following order:- This petition has been filed to condone the delay of 285 days in re-presenting the above civil miscellaneous appeal in CMA(MD) No.SR20110 of 2017.

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.1,500/-(Rupees One Thousand and 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 a copy of this order, https://hcservices.ecourts.gov.in/hcservices/

failing which, this petition shall stand dismissed automatically, without any further reference to this Court.

3. This petition is accordingly ordered.

sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENTY CLAIMS TRIBUNAL / SPECIAL SUBORDINATE JUDGE FOR MCOP CASES, MADURAI COPY TO:- THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI GK JAM/05/04/2018/ CM-VR / SAR 1/ 2P-3C

ORDER

IN CMP(MD) No.3175 of 2018 IN CMA(MD) No.SR20110 of 2017 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/