Madras High CourtCMP(MD)/1380/2021allowed

Meenammal (Died),1).Vajramani v. Alagappan

2021-02-18Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eighteenth day of February Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice T.KRISHNAVALLI CMP(MD) Nos.1380 to 1382 of 2021 IN CMA(MD)Nos.23 to 25 of 2015 MEENAMMAL (DIED) 1 VAJRAMANI 2 CHANDRA ... PETITIONERS/APPELLANTS IN ALL THE PETITIONS Vs 1 ALAGAPPAN 2 THE MANAGER, FUTURE GENERAL INDIA INSURANCE COMPANY LIMITED, 1st FLOOR, NORTH WING, KARUMUTHUNILAYAM, ANNASALAI, CHENNAI-600 192.

3 THE MANAGER, MARUTI INSURANCE COMPANY SERVICING DO 312600, NEW INDIA ASSURANCE COMPANY LIMITED, 2nd FLOOR, 8, JEEVANDEEP BUILDING, PARLIAMENT STREET, NEW DELHI-110 4 DIVYA ... RESPONDENTS/RESPONDENTS IN ALL THE PETITIONS Prayer in CMP(MD) Nos.1380 to 1382 of 2021 in CMA(MD)Nos.23 to 25 of 2015:

Petitions filed praying that in the circumstances stated therein and in the affidavits filed therewith the High Court may be pleased to condone the delay of 536 days in preferring the application to set aside the order dated 26-06-2019 and to restore the appeal in respect of the respondents 1 to 3. Prayer in CMA(MD)Nos.23 to 25 of 2015:

To set aside the fair and decreetal order dated 30.06.2014 in M.C.O.P.No.5,6 and 7 of 2011 respectively, on the file of Motor Accidents Claims Tribunal cum Subordinate Court, Uthamapalayam and the allow the claim of the appellants by awarding suitable compensation as pleaded in the petitions.

ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.V.VANJINATHAN, Advocate for the https://hcservices.ecourts.gov.in/hcservices/

petitioners in all the petitions and of Mr.R.SARAVANAN, Advocate for 4th Respondent in all the petitions, the Court made the following order:- These Civil Miscellaneous Petitions have been filed to condone the delay of 536 days in preferring the above Civil Miscellaneous Appeals to set aside the order dated 26.06.2019 and to restore the appeals in respect of the respondents 1 to 3. 2.Heard both sides.

3.Mr.R.Saravanan, learned counsel for the fourth respondent in all these appeals, did not raise any serious objections in allowing these petitions.

4.Being satisfied with the reasons stated in the affidavit filed in support of these petitions and in the interest of justice, these petitions are allowed on payment of Rs.2,000/- (Rupees Two Thousand only) in each petition to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), on or before 09.03.2021 failing which these petitions shall stand dismissed automatically without further reference to this Court.

sd/- 18/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, UTHAMAPALAYAM.

COPY TO:- THE SECTION OFFICER, ACCOUNTS SECTION, (CHIEF JUSTICE RELIEF FUND) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) Nos.1380 to 1382/2021 IN CMA(MD)Nos.23 to 25 of 2015 SJI Date :18/02/2021 TE/JC/SAR-IV : 23/02/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/