Madras High CourtCMP(MD)/8303/2017ordered

The Manager v. Akila Sundhari

2017-09-08Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of September Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) Nos.8303 to 8305 of 2017 IN CMA(MD) Nos.SR.34046, 34050, 34056 of 2017 THE MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED, 92, EAST COAST CHAMBER, 1ST FLOOR, G.N.CHETTY ROAD, THILLAI NAGAR, CHENNAI.

... PETITIONER/APPELLANT IN IN ALL THE PETITIONS Vs 1 AKILA SUNDHARI 2 MINOR VIJI (2nd MINOR RESPONDENT IS REPRESENTED BY HIS MOTHER/NEXT FRIEND AKILA SUNDHARI) 3 K. SIVAKAMI 4 PRABU DEVAKARUNIYAM 5 THE MANAGER UNITED INDIA INSURANCE COMPANY LTD., MICRO OFFICE, POOVALUR ROAD, LALGUDI, TRICHY DISTRICT.

... RESPONDENTS/RESPONDENTS IN IN CMP(MD)No.8303/17 IN CMA(MD)SR.No.34046 OF 2017 1 KALAAVALLI 2 MINOR NITHIYARAGAVI (2nd MINOR RESPONDENT IS REPRESENTED BY HIS MOTHER/NEXT FRIEND 1st RESPONDENT) 3 PADMA 4 SYAMPRAKASAM, 5 K.SIVAKAMI 6 PRABHU DEVAKARUNIYAM 7 THE MANAGER UNITED INDIA INSURANCE COMPANY LTD., MICRO OFFICE, POOVALUR ROAD, LALGUDI, TIRUCHIRAPALLI DISTRICT ... RESPONDENTS/RESPONDENTS IN CMP(MD). 8304/ 2017 IN CMA(MD)SR.No.34050 OF 2017

1 PRABHU 2 K.SIVAKAMI ... RESPONDENTS/RESPONDENTS IN CMP(MD). 8305/ 2017 IN CMA(MD)SR.No.34056 OF 2017 PRAYER IN CMP(MD)No.8303/17 IN CMA(MD)SR.No.34046 OF 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 220 days in filing the CMA(MD)SR.No. 34046 of 2017.

Prayer in CMP(MD). 8304/ 2017 IN CMA(MD)SR.No.34050 OF 2017: To condone the delay of 220 days in filing the CMA(MD)SR.No. 34050 of 2017.

Prayer in CMP(MD). 8305/ 2017 IN CMA(MD)SR.No.34056 OF 2017: To condone the delay of 201 days in filing the CMA(MD)SR.No. 34056 of 2017.

PRAYER IN CMA(MD)SR.No.34046 OF 2017:

to set aside the Judgment and Decree of the Claims Tribunal in M.C.O.P.No.300 of 2013, dated 30.08.2016 on the file of the Motor Accident Claims Tribunal, Special District Court, Tiruchirappalli PRAYER IN CMA(MD)SR.No.34050 OF 2017:

to set aside the Judgment and Decree of the Claims Tribunal in M.C.O.P.No.301 of 2013, dated 30.08.2016 on the file of the Motor Accident Claims Tribunal, Special District Court, Tiruchirappalli PRAYER IN CMA(MD)SR.No.34056 OF 2017:

to set aside the Judgment and Decree of the Claims Tribunal in M.C.O.P.No.712 of 2013, dated 30.08.2016 on the file of the Motor Accident Claims Tribunal, Special District Court, Tiruchirappalli ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.J.S.MURALI, Advocate for the petitioner in all the petitions and of MR.A.SARAVANAN, Advocate (Caveator) for R1 to R4 in CMP(MD). 8303/ 2017 IN CMA(MD)SR.No.34046 OF 2017 and CMP(MD). 8304/ 2017 IN CMA(MD)SR.No.34050 OF 2017 & CMP(MD). 8305/ 2017 IN CMA(MD)SR.No.34056 OF 2017, on behalf of the Respondents the court made the following order:- Heard the learned counsel appearing for the petitioner.

2. There is an inordinate delay of 220 days, 220 days and 201 days respectively in representing the appeals and therefore, this Court 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 petition is ordered on condition that the petitioner shall deposit a sum of Rs.500/-(Rupees Five Hundred 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/- 08/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUCHIRAPPALLI Copy to:

THE AUTHORIZED OFFICER, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2 THE SECTION OFFICER, JUDCIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) Nos.8303 to 8305 of 2017 IN CMA(MD) Nos.SR.34046, 34050, 34056 of 2017 Date :08/09/2017 SMA/CM-MSA/SAR-3/13.09.2017:3P/4c