The New India Assurance v. Maragathavalli

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice NOOTY. RAMAMOHANA RAO and The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.4947 of 2016 IN CMA(MD) No.SR9326 of 2016 THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THROUGH ITS BRANCH MANAGAR, EAST BOULEVARD ROAD, OPP. TO IBRAHIM PARK, TRICHY. ... PETITIONER/APPELLANT Vs 1 MARAGATHAVALLI 2 MINOR LEKA PRIYADHARASHINI 3 MINOR.DEEPTHIKA NANDHINI, (The respondent No.2 and 3 are minor and they are represented through their mother and natural guardian, the 1st respondent herein) 4 SIVAPRAKASAM, 5 T.PRABAVATHY 6 MANIKANDAN, 7 G.RAJKUMAR, 8 SRIRAM GENERAL INSURANCE COMPANY LTD., NO.10003-E.8.RIICO INDUSTRIAL AREA, SITAPURA-JAIPUR, RAJASTHAN-302 022.

9 K.KARUPPUSAMY, ... 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 78 days in filling the Civil Miscellaneous Appeal in C.M.A.SR(MD)No.9326 of 2016 and thus render justice. PRAYER IN CMA(MD) No.SR9326 of 2016:

Civil Miscellaneous Appeal challenging the award and Decree dated:21.07.2015 made in M.C.O.P.No.1511 of 2013 on the file of Motor Accidents Claims Tribunal (Special District Court), Trichy. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and the petitioner not appeared in person or by Advocate, the court made the following order:- This Miscellaneous Petition has been taken out seeking for condonation of delay of 78 days in preferring accompanying the Civil Miscellaneous Application, calling in question the correctness of https://hcservices.ecourts.gov.in/hcservices/

the award passed by the Motor Accident Claims Tribunal (Special District Court) Trichy. Since the delay is not an extraordinary and since the award itself is passed on 21st July 2015, which is nearly one year back and the compensation amount determined by the Tribunal have not been paid to the respondent claimants so far and since the substantial amount of compensation determined have not been claimed so far, we have considered that ends of justice would be better served, by condoning the delay of 78 days instead of issuing notice with the respondent and the service of such notice is normally consumed few months more. Hence, we have condoned the delay of 78 days without even putting the respondent claimants on notice.

The Registry is to process the Civil Miscellaneous Appeal and number the same, if it is otherwise in order. sd/- 17/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL (SPECIAL DISTRICT JUDGE), TRICHY sm:ARK-PV:SAR I:24.06.2016:2P/2C

ORDER

IN CMP(MD) No.4947 of 2016 IN CMA(MD) No.SR9326 of 2016 Date :17/06/2016 https://hcservices.ecourts.gov.in/hcservices/