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Madras High CourtCMP(MD)/1954/2021allowed

Muthunatchi v. Chinna Murugan

2021-04-16Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Sixteenth day of April Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice K.KALYANASUNDARAM CMP(MD).Nos.1954 and 1956 of 2021 in CMA(MD).Nos.755 and 832 of 2008 Muthunatchi

...Petitioner/Appellant in CMP(MD).No.1954 of

2021 in CMA(MD).No.755 of 2008

1. Petchiammal

2. A Mala

3. Meenakshi

4. Minor.Rakku

5. Sangari

6. Minor.Periasamy

7. Minor.Chinnathambi

8. Minor.Athimoolam (Minor Petitioners 4 and 6 to 8 Rep. Through Her Mother and Natural Guardian the 5th Pettioner)

...Petitioners/Appellants in CMP(MD).No.1956 in

CMA(MD).No.832 of 2008 Vs 1 Chinna Murugan 2 The National Insurance Company Limited., Through its Divisional Manager Branch II, 8A, Yanaikkal Street, Hotel President Building, Madurai.

...Respondents/Respondents in both cases

Common Prayer in CMP(MD).Nos.1954 and 1956 of 2021 :- Civil Miscellaneous Petitions are filed under Order 41 Rule 19 and Section 151 of Civil Procedure Code, praying this Court to restore the Appeal in C.M.A(MD).Nos.755 and 832 of 2008 which was dismissed for default on 14-12-2020 respectively. Common Prayer:

Civil Miscellaneous Appeals filed under Section 173 of Motor Vehicles Act 1988 against the award and Judgment dated 21.09.2007 passed in M.C.O.P.Nos.1917, 1981 of 2002 on the file of Motor Accident Claims Tribunal (III Additional District and Sessions, Court (PCR Court), Madurai respectively.

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ORDER:- Civil Miscellaneous Petitions coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.Kumaravel, Advocate for the Petitioner in both cases and of Mr.R.Srinivasa Raghavan, Advocate for the respondents in both cases, this Court made the following order:

C.M.P(MD)No.1954 of 2021 has been filed to restore the appeal in C.M.A(MD)No.755 of 2008, which was dismissed for default on 14.12.2020 by this Court.

2.C.M.P(MD)No.1956 of 2021 has been filed to restore the appeal in C.M.A(MD)No.832 of 2008, which was dismissed for default on 14.12.2020 by this Court.

3.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4.Mr.S.Srinivasa Raghavan, learned counsel appearing for the second respondent/Insurance Company has no serious objection for allowing these applications.

5.Being satisfied with the reasons stated in the affidavits filed in support of these Petitions, these Petitions are allowed and C.M.A(MD)Nos.755 and 832 of 2008, which was dismissed for default on 14.12.2020, are restored to file.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To The Motor Accident Claims Tribunal, III Additional District and Sessions Judge, (PCR Court), Madurai.

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Copy to 1 The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. (Restoration) 2 The Record Keeper, Vernacular Section,(2C) Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 16/04/2021 ========================== Restoration ========================== CMP(MD).Nos.1954 and 1956 of 2021 in CMA(MD).Nos.755 and 832 of 2008 Giving direction and etc.

as stated within.

KB(26.04.2021) 3P 5C 3/3