National Insurance Company Ltd v. Jeyammal
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Ninth day of November Two Thousand and Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.68 of 2017 IN CMA(MD) No.SR3844 of 2014 NATIONAL INSURANCE COMPANY LTD, REP BY ITS BRANCH MANAGER, MAIN ROAD, BODINAYAKANUR TOWN & TALUK, THENI DISTRICT.
... APPELLANT / 2nd RESPONDENT Vs 1.JEYAMMAL ...1st RESPONDENT/1st PETITIONER 2.SUDHA ...2nd RESPONDENT/2nd PETITIONER 3.ELAMARAN 4.RASI 5.SEENIAMMAL ...3 TO 5 RESPONDENT / PETITIONERS 3 TO 5 6.SELVARAJ @ CHINNASAMY ... RESPONDENT / RESPONDENT 1 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 474 days in filing the Civil Miscellaneous appeal CMA.SR.No.3844 of 2014.
Prayer in CMA(MD) No.SR3844 of 2014 :
To set aside the judgment and decree dated 15.06.2012 and made in M.C.O.P.No.31 of 2011 on the file of the Motor Accident Claims Tribunal / Sub -Judge, Uthamapalayam.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.SRINIVASAN, Advocate for the petitioner and of the Respondents 1, 2, 4, 5 not appeared either in person or by an Advocate, the court made the following order:- Heard.
This petition has been filed by the petitioner seeking to condone the delay of 474 days in filing the above Civil Miscellaneous Appeal.
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2. Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to 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 copy of this order.
3. This petition is accordingly ordered.
4.In the event of payment of cost, the Registry is directed to number the appeal if it is otherwise in order and list the same "for admission" forthwith.
sd/- 09/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, UTHAMAPALAYAM.
COPY TO:
THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to Mr.R.SRINIVASAN Advocate SR.No.21298.
ORDER
IN CMP(MD) No.68 of 2017 IN CMA(MD) No.SR3844 of 2014 Date :09/11/2018 RAM/RR/SAR 2/15.11.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/