The Branch Manager v. A.Karuppusamy(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twentieth day of March Two Thousand and Twenty Five PRESENT The HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in M.P.(MD) No.2 of 2013 in CMA(MD)SR.No.52841 of 2012 The Branch Manager, Tamil Nadu State Transport Corporation, Kumbakonam.

..Petitioner/Appellant Vs 1 A.Karuppusamy(Died) ...Sole Respondent/Claimant 2 Alamelu, 3 Sekar, 4 Latha, 5 Marimuthu,

...Respondents 2 to 5/

Lrs of Deceased Sole Respondent [Respondents 2 to 5 are brought on record as Lrs of the deceased Sole Respondent by order dated 07.03.2025 in CMP(MD) No.3768 of 2025 in CMA(MD)SR.No.52841 of 2012] 1/4

Prayer in CMP(MD)No.3170 of 2025;- To set aside the order dated 21.06.2013 made in MP(MD) No.2 of 2013 in CMA (MD) No.SR.52841 of 2012 and restore the above Civil Miscellaneous Appeal on file and thus render justice.

Prayer in MP(MD)No.2 of 2013;- To condone the delay of 713 days in filing the above CMA(MD) SR.No.52841/2012 against the award passed in MCOP No.439 /2009 in pursuant to the judgment and decree dated 16/09/2010 on the file of the Motor Accident Claims Tribunal, I Additional District & Sessions Court,PCR,Thanjavur. Prayer in CMA(MD)SR.No.52841 of 2013;- CMA(MD)SR. Praying that this court be pleased to set aside the judgment and decree passed by the Motor Accident Claims Tribuinal,I Additional District & Sessions Court, PCR, Thanjavur, in MCOP No.439 /2009 dated 16/09/2010. ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.M.Vishnuvarthanan Advocate for the Petitioner and of Mr.S.Jebastin Advocate for the repondents 2 to 5, this Court made the following order:

"This petition is allowed and the order passed in M.P.(MD)No.2 of 2013 in C.M.A.(MD)No.SR52841 of 2012 dated 21.06.2013, is set aside. 2/4

2.The Registry is directed to restore the Civil Miscellaneous Appeal on file." Sd/- Assistant Registrar( C.S-I ) // True Copy // /03/2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO The Motor Accident Claims Tribunal, I Additional District & Sessions Court, PCR, Thanjavur.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 20/03/2025 ==========================

ORDER

========================== in M.P.(MD) No.2 of 2013 in CMA(MD)SR.No.52841 of 2012 3/4

KVL(20/03/2025) 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4