Madras High CourtCMP(MD)/454/2017ordered

Arumuga Nainar v. Periyasamy

2018-04-13Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.454 of 2017 IN CMA(MD) No.SR21944 of 2015 ARUMUGA NAINAR ... PETITIONER / APPELLANT Vs 1 PERIYASAMY 2 UNITED INDIA INSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL MANAGER, NO.1, POST OFFICE ROAD, PALAYAMKOTTAI.

3 MUTHURAJ ... 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 138 days in filing the above Civil Miscellaneous Appeal.

PRAYER IN CMA(MD) No.SR21944 of 2015:- to allow this appeal and enhance the award amount in MCOP.No.727 of 2013 on the file of the Motor Accident Claims Tribunal, (Special Sub Court) Tirunelveli, dated 27.06.2014 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.T.SELVAKUMARAN, Advocate for the petitioner and of Mr.A.SHAJAHAN, Advocate on behalf of the Respondent 2, the court made the following order:- This petition has been filed to condone the delay of 138 days in filing the above civil Miscellaneous appeal in CMA(MD)No.SR21944 of 2015, against the award passed in MCOP.No.727 of 2013.

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.500/-(Rupees Five Hundred only) to the Legal Aid Service Authority, attacked to this Bench, within a period of one https://hcservices.ecourts.gov.in/hcservices/

week, from the date of receipt of copy of this order, failing which, this petition shall stand dismissed automatically, without any further reference to this Court.

3. This petition is accordingly ordered.

sd/- 13/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, (SPECIAL SUBORDINATE JUDGE), TIRUNELVELI COPY TO:- THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI rm JAM/16/04/2018/ CSL-RR /SAR 4 / 2p-3c

ORDER

IN CMP(MD) No.454 of 2017 IN CMA(MD) No.SR21944 of 2015 Date :13/04/2018 https://hcservices.ecourts.gov.in/hcservices/