Soundaravalli, v. Chelliah

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eleventh day of July Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1718 of 2017 IN CMA(MD) No.SR2403 of 2017 1 SOUNDARAVALLI 2 RAMKUMAR SARASWATHIAMMAL (DIED) (CAUSE TITLE ACCEPTED VIDE COURT ORDER DATED 17.02.17 MADE IN CMP(MD) 1536/17 IN CMA(MD)SR.2403/17 BY NKKJ) ... PETITIONERS/APPELLANTS Vs 1 CHELLIAH 2 THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THROUGH ITS BRANCH MANAGER, OFFICE NO.34, ALAGARKOIL ROAD, TALLAKULAM MADURAI-02 3 CHAIRMAN 4 THE NEW INDIA ASSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER OFFICE, NO.182/22/L, S.N.HIGH ROAD, TIRUNELVELI.

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 352 days in filing the above Civil Miscellaneous Appeal and thus render justice. Prayer in CMA(MD)No.SR2403 of 2017:- Civil Miscellaneous Appeal against the judgment and Decree made in M.C.O.P.No.727 of 2013 on the file of the Motor Accident Claims Tribunal, (IV Additional District Court), Tirunelveli, dated 24.08.2015.

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 M/S.T.SELVAKUMARAN, Advocate for the petitioners and of M/S.D.SADIQ RAJA, Advocate for R1, the court made the following order:- Heard the learned counsel appearing for the petitioners/appellants and the learned counsel appearing for the first respondent.

2. The learned counsel appearing for the first respondent has no objection for allowing this petition. However, he would submit that the claimants are not entitled to any interest for the enhanced amount of compensation for the aforesaid period of delay, in the event of allowing this appeal.

3. I am satisfied with the reasons found in the affidavit filed in support of this petition. Hence, the delay is condoned and this petition is ordered. If the papers are otherwise in order, the Registry is directed to number and list the matter for admission. 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/- 11/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, (IV ADDITIONAL DISTRICT COURT), TIRUNELVELI.

Akv CSL/CM-MSA/SAR-I/1.07.2017 : 2P/2C

ORDER

IN CMP(MD) No.1718 of 2017 IN CMA(MD) No.SR2403 of 2017 Date :11/07/2017 https://hcservices.ecourts.gov.in/hcservices/