Madras High CourtCMP(MD)/1314/2023ordered

The Manager v. Senthilkumar

2023-02-10Honourable Mr Justice D. Krishnakumar,Honourable Mrs Justice L.Victoria Gowri2 pages

CMP(MD) No.1314 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Tenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR and The Hon`ble Mrs.Justice L.VICTORIA GOWRI CMP(MD) No.1314 of 2023 IN CMA(MD)SR.No.22223 of 2022 THE MANAGER NATIONAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, K.R.T BUILDING, TIRUCHIRAPPALLI.

... PETITIONER/APPELLANT Vs 1 SENTHILKUMAR 2 MINOR.LEONICA, 3 MINOR.KAVYA, (MINOR R2 AND R3 ARE REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN, 1st RESPONDENT SENTHILKUMAR) 4 KALAIARASI ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 261 days in re-presenting the CMA(MD). SR.No.22223 of 2022 and pass such other order or further orders as may be in the facts and circumstances of the case. PRAYER IN CMA(MD)SR.No.22223 of 2022:

Pleased to set aside the Judgment and Decree in M.C.O.P.No.1343 of 2017 dated 24.11.2021 on the file of the Motor Accidents Claims Tribunal, Special District Court, Tiruchirappalli and allow the appeal with costs.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.1314 of 2023 upon hearing the arguments of Mr.J.S.MURALI, Advocate for the petitioner, the court made the following order:- (Order of the Court was made by D.KRISHNAKUMAR, J.) This petition is filed to condone the delay of 261 days in representing the C.M.A.(MD)SR.No.22223 of 2022.

2. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Court is inclined to order this petition by putting the petitioners on terms..

3. In the result, this petition is ordered subject to the condition that the petitioner shall pay a sum of Rs.1,000/- (Rupees Thousand only) to the Advocates Clerk Association, Madurai Bench of Madras High Court, Madurai, within a period of two weeks from today. After receipt of the payment, Registry is directed to number the Writ Appeal, if it is otherwise in order and post the same "for admission" in the usual course.

sd/- 10/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VSM TO THE SPECIAL DISTRICT JUDGE MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUCHIRAPPALLI.

COPY TO:

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

2 THE OFFICER INCHARGE, ADVOCATES CLERK ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.1314 of 2023 IN CMA(MD)SR.No.22223 of 2022 Date :10/02/2023 SA/BUC/SAR.3/21.02.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2