Madras High CourtCMP(MD)/8556/2017ordered

Selvamani v. Ravindran

2018-06-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twentieth day of June Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) Nos.8556 and 8565 of 2017 IN CMA(MD) Nos.SR.20902 and SR.20903 of 2017 SELVAMANI ... PETITIONER/ APPELLANT IN CMP(MD)No.8556 of 2017 IN CMA(MD)No.SR.20902 of 2017 CHELLAMMAL ... PETITIONER/ APPELLANT IN CMP(MD)No.8565 of 2017 IN CMA(MD)No.SR.20903 of 2017 Vs 1 RAVINDRAN 2 UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, UNIT 401, 4TH FLOOR SENGAM COMPLEX, 127, ANDHERI KURLA ROAD, ANDHERI(EAST), MUMBAI.

... RESPONDENTS/ RESPONDENTS IN BOTH THE PETITIONS PRAYER IN CMP(MD)No.8556 of 2017 IN CMA(MD)No.SR.20902 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 190 days in filing the above Civil Miscellaneous Appeal.

Prayer in CMP(MD). 8565/ 2017 IN CMA(MD)No.SR.20903 of 2017: To condone the delay of 223 days in filing the above Civil Miscellaneous Appeal.

PRAYER IN CMA(MD)No.SR.20902 of 2017:

To allow this appeal and enhance the award amount in M.C.O.P.No.674 of 2014 on the file of the Motor Accident Claims Tribunal,(Special Sub Court) Tirunelveli, dated 29.02.2016. PRAYER IN CMA(MD)No.SR.20903 of 2017:

To allow this appeal and enhance the award amount in M.C.O.P.No.675 of 2014 on the file of the Motor Accident Claims Tribunal,(Special Sub Court) Tirunelveli, dated 29.02.2016. https://hcservices.ecourts.gov.in/hcservices/

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.T.SELVAKUMARAN, Advocate for the petitioner in both the petitions, the court made the following order:- Heard.

Both the petitions are filed by the petitioners seeking to condone the delay of 190 days and 223 days respectively in filing the above Civil Miscellaneous Appeals.

2. Considering the reasons stated in the affidavit filed in support of the petitions and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.500/- (Rupees Five Hundred only) each to the Legal Services Authority, attached to this Bench, within a period of one weeks from the date of receipt of copy of this order.

3. Both the petitions are accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the appeal and list the same "for admission" forthwith. sd/- 20/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

COPY TO:

1 THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

ORDER IN CMP(MD) Nos.8556 and 8565 of 2017 IN CMA(MD) Nos.SR.20902 and SR.20903 of 2017 Date :20/06/2018 https://hcservices.ecourts.gov.in/hcservices/ MS/CM-VR/SAR-1/26.06.2018/2P.4C