Madras High CourtCMP(MD)/6782/2017ordered

Balasubramanian v. Krishnasamy

2018-07-10Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Tenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6782 of 2017 IN CMA(MD) No.SR19696 of 2017 BALASUBRAMANIAN ... PETITIONER/APPELLANT Vs 1 KRISHNASAMY 2 SHRI RAM GENERAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, E-8, RIICO, INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-302 022. ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 556 days in filing the above Civil Miscellaneous Appeal.

PRAYER IN CMA(MD) No.SR19696 of 2017:

to allow this appeal and enhance the award amount in M.C.O.P.No.462 of 2014 on the file of the Motor Accident Claims Tribunal, (Special Sub Court) Tirunelveli, dated 10.06.2015 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.T.SELVAKUMARAN, Advocate for the petitioner and the court made the following order:- This petition has been filed to condone the delay of 556 days in filing the above civil miscellaneous appeal in C.M.A.(MD) No.SR19696 of 2017.

2. When the matter came up for hearing today, the learned Counsel appearing for the petitioner/appellant would submit that the petitioner/appellant will not claim interest for the delayed period in the event of enhancement by this Court.

3. In view of the said submission and also considering the reasons stated in the affidavit filed in support of the petition as well as considering the length of delay, this Court is inclined to https://hcservices.ecourts.gov.in/hcservices/

condone the delay, subject to the payment of cost of Rs.1000/- (Rupees One Thousand only) to "Chief Justice Relief Fund", within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without any further reference to this Court.

4. This petition is accordingly ordered.

sd/- 10/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI Copy to THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) No.6782 of 2017 IN CMA(MD) No.SR19696 of 2017 Date :10/07/2018 SMA/CSL/ASVM/18.07.2018:2P/3C https://hcservices.ecourts.gov.in/hcservices/