Madras High CourtCMP(MD)/528/2016ordered

The Branch Manager, v. Rani,

2018-09-19Honourable Ms.Justice V.M.Velumani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Nineteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) Nos.528 to 536 of 2016 IN CMA(MD)SR NoS.810,814,820,826,832,838,844,850 and 856 of 2016 THE BRANCH MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION, PILLAITHANNEERPANDAL, THIRUMAYAM MAIN ROAD, PUDUKKOTTAI. PETITIONER/APPELLANT IN ALL THE PETITIONS Vs RANI ... 1st RESPONDENT/RESPONDENT IN CMP(MD)No.528/2016 IN CMA(MD)SR.810/2016 NOOR MOHAMMED ... 1st RESPONDENT/RESPONDENT IN CMP(MD)No.529/2016 IN CMA(MD)SR.814/2016 ANANDHI ... 1st RESPONDENT/RESPONDENT IN CMP(MD)No.530/2016 IN CMA(MD)SR.820/2016 NAGAMMAL ... 1st RESPONDENT/RESPONDENT IN CMP(MD)No.531/2016 IN CMA(MD)SR.826/2016 PUSHPAM ... 1st RESPONDENT/RESPONDENT IN CMP(MD)No.

532/2016 IN CMA(MD)SR.832/2016 SELVARAJ ... 1st RESPONDENT/RESPONDENT IN CMP(MD)No.533/2016 IN CMA(MD)SR.838/2016 MINOR ARAVIND (Minor is represented through his mother and natural guardian Anandhi) ... 1st RESPONDENT/RESPONDENT IN CMP(MD)No.534/2016 IN CMA(MD)SR.844/2016 MARIAM BEEVI ... 1st RESPONDENT/RESPONDENT IN CMP(MD)No.535/2016 IN CMA(MD)SR.850/2016 PICHAIAMMAL ... 1st RESPONDENT/RESPONDENT IN CMP(MD)No.536/2016 IN CMA(MD)SR.

ARIVAZHAGAN ... 2nd RESPONDENT/RESPONDENT IN ALL THE RESPONDENTS Prayer in CMP(MD).528/2016 IN CMA(MD)SR.No.810/2016 : 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 238 days in filing the above CMA(MD) SR.No.810 of 2016 against the award passed in MCOP No.118 of 2013 dated 10.02.2015 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukkottai and thus render justice.

Prayer in CMP(MD).529/2016 IN CMA(MD)SR.No.814/2016: To condone the delay of 238 days in filing the above CMA (MD)SR.No.814 of 2016 against the award passed in MCOP No.120 of 2013 dated 10.02.2015 on the file of the MACT, CJM Court, Pudukkottai and thus render justice.

Prayer in CMP(MD).530/2016 IN CMA(MD)SR.No.820/2016: To condone the delay of 238 days in filing the above CMA (MD)SR.No.820 of 2016 against the award passed in MCOP No.122 of 2013 dated 10.02.2015 on the file of the MACT, CJM Court, Pudukkottai and thus render justice.

Prayer in CMP(MD).531/2016 IN CMA(MD)SR.No.826/2016: To condone the delay of 238 days in filing the above CMA (MD)SR826 of 2016 against the award passed in MCOP No.123 of 2013 dated 10.02.2015 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukkottai and thus render justice.

Prayer in CMP(MD).532/2016 IN CMA(MD)SR.No.832/2016: To condone the delay of 238 days in filing the above CMA. (MD).SR.No.856/2016 against the award passed in MCOP.No.124/2013 dated 10.02.2015 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukkottai and thus render justice.

Prayer in CMP(MD).533/2016 IN CMA(MD)SR.No.838/2016 : To condone the delay of 238 days in filing the above CMA. (MD).SR.No.838/2016 against the award passed in MCOP.No.125/2013 dated 10.02.2015 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukkottai and thus render justice.

Prayer in CMP(MD).534/2016 IN CMA(MD)SR.No.844/2016: To condone the delay of 238 days in filing the above CMA. (MD).SR.No.844/2016 against the award passed in MCOP.No.126/2013 dated 10.02.2015 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukkottai and thus render justice.

Prayer in CMP(MD).535/2016 IN CMA(MD)SR.No.850/2016 : To condone the delay of 238 days in filing the above CMA. (MD).SR.No.850/2016 against the award passed in MCOP.No.128/2013 dated 10.02.2015 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukkottai and thus render justice.

Prayer in CMP(MD).536/2016 IN CMA(MD)SR.No.856/2016 : To condone the delay of 238 days in filing the above CMA. (MD).SR.No.856/2016 against the award passed in MCOP.No.130/2013 dated 10.02.2015 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukkottai and thus render justice.

ORDER :These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.D.SIVARAMAN, Advocate for the petitioner in all the petitions and of MR.M.SURESH, Advocate for the Second Respondent in all the petitions and th first Respondent not appeared either in person or by an advocate in all the petitions, the court made the following order:- Heard the learned counsel appearing for the petitioner and the second respondent.

2.The learned counsel appearing for the petitioner / Insurance Company submitted that all these petitions have been filed to condone the delay of 238 days in filing the above appeals, challenging the Award of Tribunal fixing the entire liability on the petitioner and directing him to pay the compensation awarded to the first respondent in all the petitions. He further contended that the petitioner is not challenging the quantum of compensation awarded. In view of the same notice to the first respondent in all the cases is dispensed with.

3. These petitions are allowed and the delay is condoned on payment of total cost of Rs.3,000/- (Rupees Three Thousand only) to Rojavanam, Home for Old Aged, Melur Road, Uthangudi, Ulaganeri, Madurai - 625 107, within a period of one week from the date of receipt of a copy of this order, failing which these petitions shall stand dismissed automatically without any further reference to this Court.

4. If the aforesaid condition is complied with within the time stipulated, and if the papers are in order, Registry is directed to number the appeals and post the same for admission next week. sd/- 19/09/2018 / 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, PUDUKKOTTAI.

COPY TO: THE OFFICER-IN-CHARGE, ROJAVANAM, HOME FOR OLD AGED, MELUR ROAD, UTHANGUDI, ULAGANERI, MADURAI - 625 107, COPY TO : THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) Nos.528 to 536 of 2016 IN CMA(MD)SR NoS.810,814,820,826, 832,838,844,850 and 856 of 2016 Date :19/09/2018 PK/RR/SAR-1/01.10.2018 : 4P/4C