M/S.The National Insurance v. Senthamarai,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Ninth day of July Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN and The Hon`ble Mr.Justice B.GOKULDAS CMP(MD) No.6545 of 2016 IN CMA(MD) No.SR19970 of 2014 M/S.THE NATIONAL INSURANCE COMPANY LIMITED, REP BY ITS BRANCH MANAGER, NO.9, JEROS BUILDING, FIRST FLOOR, KOTTAI STATION ROAD, TIRUCHIRAPPALLI. ... PETITIONER(S) Vs 1 SENTHAMARAI 2 KARUPPAYI 3 KALLIAPERUMAL 4 KARUPPAIAN, 5 MINOR BANUPRIYA MINOR REP. BY ITS GUARDIAN AND FATHER KALIAPERUMAL 6 S.SUVEETHA ... RESPONDENT(S) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased toCondone the delay of 532 days in representing the appeal in CMA SR 19970/2014 and thus render justice.

PRAYER IN CMA SR 19970/2014: Memorandum of Grounds of Civil Miscellaneous Appeal against the Judgment and decree dated 20.12.2012 and made in M.C.O.P.No.304 of 2010 on the file of the Motor Accident Claims Tribunal /1st Additional District and Sessions Judge(PCR), Thanjavur.

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 through an Advocate the court made the following order:- (Order of the Court was made by K.K.SASIDHARAN, J.) This Miscellaneous Petition is to condone the delay of 532 days in re-presenting the appeal, which was returned for rectification of certain defects pointed out by the Registry.

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2. None appears on behalf of the petitioner.

3. The affidavit filed in support of the Miscellaneous Petition does not contain any reason much less justifiable reason to condone the delay. The deponent has simply stated that there is a delay of 532 days. In a matter of this nature, the petitioner must explain the delay in re-presenting the matter. Since there are no reasons given by the petitioner, the Miscellaneous Petition is liable to be dismissed.

4. In the result, the Miscellaneous Petition is dismissed. sd/- 29/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL/1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE(PCR), THANJAVUR

ORDER

IN CMP(MD) No.6545 of 2016 IN CMA(MD) No.SR19970 of 2014 Date :29/07/2016 AA/ARK-PV/SAR-I/03.08.2016/2p-2c https://hcservices.ecourts.gov.in/hcservices/