Shriram General Insurance Co. v. Santha,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Seventh day of September Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.11691 of 2016 IN CMA(MD) No.SR27294 of 2016 SHRIRAM GENERAL INSURANCE COMPANY LIMITED.
JAIPUR, RAJASTHAN. ... PETITIONER/APPELLANT Vs 1 SANTHA, 2 MINOR.NANTHINI SARASWATHI, 3 MINOR.SARANRAJ, (MINOR RESPONDENTS2 & 3 ARE REP BY NEXT FRIEND AND MOTHER 1st RESPONDENT) 4 V.NATARAJ ... 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 139 days in filing the above appeal against the fair and decreetalorder dated 16.10.2015 and made in MCOP No.165 of 2011 on the file of MACT (Sub Court), Kulithalai and render justice.
PRAYER IN CMA(MD)NO.SR.27294 of 2018 set aside the fair and decreetal order dated 16.10.2015 and made in MCOP No.165 of 2011 on the file of Motor Accident Claims Tribunal (Sub Court),Kulithalai and allow this civil miscellaneous appeal 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 M/S. S.SRINIVASA RAGHAVAN, Advocate for the petitioner and of R1 to R4 not appeared either in person or by an Advocate, the Respondents the court made the following order:- This petition is filed to condone the delay of 139 days in filing the above appeal.
https://hcservices.ecourts.gov.in/hcservices/ 2.The respondents 2 & 3 are minors and they are represented by first respondent.
3.Though notice was served on the first respondent and her name is also printed in the cause list, she has not chosen to appear either in person or through counsel. Notice was served on the 4th respondent through paper publication and his name is also printed in the cause list, he has not chosen to appear either in person or through counsel.
4.Considering the contention of the learned counsel for the petitioner, the delay of 139 days is condoned on payment of cost of Rs.500/- (Rupees Five Hundred only) to the Rojavanam, Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without further reference to this Court.
sd/- 27/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SUB JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KULITHALAI.
THE OFFICER INCHARGE, ROJAVANAM, HOMELESS $ AGED CARE CENTRE, MELUR ROAD ,UTHANGUDI,MADURAI.
PS/JC/SAR-2:05/10/2018:2P/3C
ORDER
IN CMP(MD) No.11691 of 2016 IN CMA(MD) No.SR27294 of 2016 Date :27/09/2018 https://hcservices.ecourts.gov.in/hcservices/