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Madras High CourtCMP(MD)/7680/2016ordered

Muthurani, v. Kottaipandi,

2018-09-03Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Third day of September Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.7680 of 2016 IN CMA(MD) No.SR15217 of 2016 1 MUTHURANI 2 MINOR.SELVA 3 PUTHIYAVAN (MINOR PETITIONER THRO.HIS MOTHER & NEXT GUARDIAN 1ST PETITIONER HEREIN) ... PETITIONERS/ APPELLANTS Vs 1 KOTTAIPANDI 2 UNIVERSAL SAMPO GENERAL INSURANCE CO.LTD., THROUGH ITS BRANCH MANAGER, OFFICE AT NO.201-208, CRYSTAL PLAZA, OPPOSITE TO INFINITY MALL, LINK ROAD, ANDHERI (WEST), MUMBAI-400 058.

... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the delay of 670 days in filing the above Civil Miscellaneous Appeal and thus render justice. PRAYER IN CMA(MD) No.SR15217 of 2016:

To allow this appeal and enhance the award amount in M.C.O.P.No.83 of 2013 on the file of the Motor Accident Claims Tribunal, (Principal Sub Court), Tirunelveli, dated 29.01.2014. 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 and of Mr.K.R.SHIVASHANKARI, Advocate for R2 and R1 not appeared either in person or by an advocate, the court made the following order:- This petition has been filed to condone the delay of 670 days in filing the above Civil Miscellaneous Appeal. 2.Though notice has been served on the first respondent and his name is printed in the cause list, there is no representation either in-person or through counsel.

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3.Heard the learned counsel appearing for the petitioners and the second respondent.

4.Considering the contention of the learned counsel for the petitioners, the delay of 670 days is condoned on payment of cost of Rs.1,000/- (Rupees One Thousand Only) to the Rojavanam, Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without further reference of this Court.

5.Registry is directed to number the appeal, if it is otherwise in order and post the same for admission.

sd/- 03/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

COPY TO:

1. THE OFFICER INCHARGE, THE ROJAVANAM, HOMELESS & AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI.

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

ORDER

IN CMP(MD) No.7680 of 2016 IN CMA(MD) No.SR15217 of 2016 Date :03/09/2018 MS/VR-MMS/SAR-2/14.09.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/