Madras High CourtCMP(MD)/1470/2016ordered

Arayee, v. Manjunathan

2017-03-13Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirteenth day of March Two Thousand Seventeen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.1470 of 2016 IN CMA(MD) No.SR2155 of 2016 1 ARAYEE 2 RAJALAKSHMI 3 KALAICHELVAN 4 TAMILVANAN 5 KALIAMMAL 6 KARUPPAIAH ... PETITIONERS/APPELLANTS Vs 1 MANJUNATHAN S/O.RAJU, O.NO.30-B, N.NO. KOTTAI MEDU K.4569, KALLAKURICHI, VIZHPPURAM. 2 THE BRANCH MANAGER, SRIRAM INSURANCE CO.LTD., NO.66, 2ND FLOOR, CITY CENTRE COMPLEX, THIRUMALAI PILLAI ROAD, T.NAGAR, CHENNAI-17. ... 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 187 days in filing against the Decree and Award dated 27.02.2015 made in MCOP No.246 of 2013 on the file of the MACT cum Additional District Court, Pudukottai. PRAYER IN CMA(MD) No.SR2155 of 2016:

To call for the records relating to the Decree and Award dated dated 27.02.2015 made in M.C.O.P.no.246 of 2013 on the file of the Motor Accident Claims Tribunal cum Additional District Court,Pudukkottai and enhance the compensation and allow the civil miscellaneous appeal.

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. J.ANANDKUMAR, Advocate for the petitioner and of Mr.D.SIVARAMAN for R2 on behalf of the Respondents the court made the following order:- This petition is filed to condone the delay of 187 days in filing the above appeal.

2.Heard the learned counsel appearing for the petitioner and Learned Counsel for 2nd respondent.

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3.Though notice was served on the First respondent and his name is printed in the cause list, the First respondent has not chosen to appear either in person or through Counsel.

4.Being satisfied with the reasons stated in the supporting affidavit filed for condonation, delay of 187 days is condoned and the petition is ordered 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 one week 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/- 13/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE MOTOR ACCIDENT CLAIMS TRIBUNAL CUM ADDITIONAL DISTRICT COURT, PUDUKOTTAI 2 ROJAVANAM HOMELESS AND AGED CARE CENTRE,MELUR ROAD, UTHANGUDI,MADURAI.

ORDER

IN CMP(MD) No.1470 of 2016 IN CMA(MD) No.SR2155 of 2016 Date :13/03/2017 KK-BS-SAR3-20.03.2017-2P-3C https://hcservices.ecourts.gov.in/hcservices/