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Madras High CourtCMP(MD)/6121/2017ordered

The Reliance General Insurance v. Selvam

2017-08-10Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Tenth day of August Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6121 of 2017 IN CMA(MD) No.SR15929 of 2016 THE RELIANCE GENERAL INSURANCE CO.LTD., REP BY ITS BRANCH MANAGER, NO.10/414, THAKA PLAZA, II FLOOR, SOUTH BYE PASS ROAD, VANNARPET, TIRUNELVELI.

... PETITIONER/APPELLANT Vs 1 SELVAM 2 SAGAYA ANCY 3 ABILASH 4 SEBASTHIYAYI 5 MURUGAN 6 UDAYA SCHOOL OF ENGINEERS REP BY ITS CHAIRMAN, UDAYA NAGAR OFFICE, VELLAMODI JUNCTION, AMMANDIVILAI, KANDIYAPATTINAM, KALKULAM TALUK, KANYAKUMARI DISTRICT.

... 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 446 days in filing the above CMA against the fair and decreetal order dated 29/09/2014 made in MCOP.No.93 of 2013 on the file of Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Nagercoil.

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.S.SRINIVASA RAGHAVAN, Advocate for the petitioner/Appellant and of the Respondent not appeared either in person or by an advocate the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ Heard the learned counsel appearing for the petitioner/appellant. In respect of R5, who is the driver of the

vehicle, tapal has been returned as 'not known'. Though the name of the other respondents have been printed in the cause list, they neither appeared through their counsel nor in person.

2. I am satisfied with the reasons found in the affidavit filed in support of this petition. Hence, the delay is condoned on condition that the petitioner/appellant shall pay Rs.1,000/- (Rupees One Thousand only) to the Legal Services Authority, Madurai Bench of Madras High Court, Madurai. If the papers are otherwise in order, the Registry is directed to number and list the matter for admission.

sd/- 10/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, (CHIEF JUDICIAL MAGISTRATE), NAGERCOIL.

COPY TO: THE OFFICER INCHARGE, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Rj2/rmk CSL/PM-PN/SAR-IV/17.08.2017 : 2P/3C

ORDER

IN CMP(MD) No.6121 of 2017 IN CMA(MD) No.SR15929 of 2016 Date :10/08/2017 https://hcservices.ecourts.gov.in/hcservices/