Madras High CourtCMP(MD)/8251/2017ordered

The New India Assurance Co. v. Vignesh,

2017-09-05Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifth day of September Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) Nos.8251 and 8252 of 2017 IN CMA(MD) Nos.SR3785 and 3789 of 2017 THE NEW INDIA ASSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, HAVING HIS OFFICE AT MARKET ROAD, THANJAVUR TOWN AND MUNSIFI ... PETITIONER/APPELLANT IN BOTH PETITIONS Vs 1 VIGNESH 2 RAVICHANDRAN ... RESPONDENTS/RESPONDENTS IN CMP(MD) No.8251 of 2017 1 GUNASEKARAN 2 SAROJA 3 MINOR THAMARAISELVI (MINOR REPRESENTED BY HER FATHER 1st RESPONDENT) 4 RAVICHANDRAN ... RESPONDENTS/RESPONDENTS IN CMP(MD) No.8252 of 2017 Prayer in CMP(MD). 8251/ 2017 :

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 169 days in representing the CMA.SR(MD) No.3785 of 2017 and thus render justice.

Prayer in CMP(MD). 8252/ 2017 :

To condone the delay of 169 days in representing the CMA.SR (MD)No.3789 of 2017 and thus render justice.

Prayer in CMA(MD). SR3785/ 2017 :

To set aside the fair and decreetal order passed by the Learned Motor Accident Claims Tribunal/Special District Court, Thanjavur in M.C.O.P.No.653 of 2014 dated 27.04.2016 as against the appellant and allow the appeal and thus render justice. Prayer in CMA(MD). SR3789/ 2017 :

To set aside the fair and decreetal order passed by the Learned Motor Accident Claims Tribunal/Special District Court, Thanjavur in M.C.O.P.No.658 of 2014 dated 27.04.2016 as against the appellant and allow the appeal and thus render justice. https://hcservices.ecourts.gov.in/hcservices/

ORDER : These petitions coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.N.DILIP KUMAR, Advocate for the petitioner in both petitions the court made the following order:- Heard the learned counsel appearing for the petitioner.

2. There is an inordinate delay of 169 days in representing both the appeals and therefore, this Cort feels that the delay can be condoned on payment of costs to the Legal Aid to meet the ends of justice. Accordingly, the delay is condoned and these petitions are ordered on condition that the petitioner shall deposit a sum of Rs.1,000/-(Rupees One Thousand Only) each to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of a copy of this order, failing which, these petitions shall automatically be dismissed without further reference to this Court.

3. On such deposit, the Registry is directed to number the appeals, if the papers are otherwise in order and list the matter for admission.

sd/- 05/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL/SPECIAL DISTRICT JUDGE, THANJAVUR.

COPY TO 1 THE OFFICER-IN-CHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) Nos.8251 and 8252 of 2017 IN CMA(MD) Nos.SR3785 and 3789 of 2017 Date :05/09/2017 MKV-PN-SAR 2/07.09.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/