Tamil Nadu State Transport v. Sumathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirtieth day of August Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.4818 of 2017 IN CMA(MD) No.SR34646 of 2016 TAMIL NADU STATE TRANSPORT CORPORATION LIMITED, THROUGH ITS MANAGING DIRECTOR, BYE-PASS ROAD, MADURAI.

... PETITIONER / APPELLANT Vs SUMATHI ... RESPONDENT / RESPONDENT 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 701 days in filing the above Civil Miscellaneous Appeal against the award passed in MCOP.No.264 of 2011 dated 24/02/2014 on the file of the Motor Accident Claims Tribunal, Additional Sub Court, Tirunelveli.

PRAYER IN CMA(MD)No.SR34646 of 2016:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Additional Sub Court,Tirunelveli in MCOP NO.264 of 2011 dated 24.02.2014.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.D.SIVARAMAN, Advocate for the petitioner and the respondent is not appeared either in person or by an advocate, the court made the following order:- This petition is filed to condone the delay of 701 days in filing the above said appeal.

2.Heard the learned counsel appearing for the petitioner. 3.Though notice was served on the respondent by paper publication and his name is also printed in the cause list, he has not chosen to appear either in person or through counsel. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the contention of the learned counsel for the petitioner, the delay of 701 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/- 30/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL / ADDITIONAL SUBORDINATE JUDGE, TIRUNELVELI DISTRICT.

COPY TO:- THE OFFICERS INCHARGE, THE ROJAVANAM, HOMELESS & AGED CARE CENTRE, MELUR ROAD,UTHANGUDI,MADURAI.

ORDER

IN CMP(MD) No.4818 of 2017 IN CMA(MD) No.SR34646 of 2016 Date :30/08/2018 MV:RR:SAR2:14/09/18/2P/3C https://hcservices.ecourts.gov.in/hcservices/