Tamilnadu State Transport Corporation v. Suresh Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in C.M.A.(MD) SR.No.7160 of 2023 TAMILNADU STATE TRANSPORT CORPORATION, REPRESENTED THROUGH ITS MANAGING DIRECTOR, HAVING OFFICE AT BYE PASS ROAD, MADURAI DISTRICT.

... PETITIONER Vs 1 SURESH KUMAR 2 JAYALAKSHMI, 3 HDFC ERGO GENERAL INSURANCE COMPANY LIMITED,, REPRESENTED THROUGH ITS DIVISIONAL MANAGER, NO.68, 3RD FLOOR, KAMARAJAR ROAD, KRISHNAPURAM, MADURAI DISTRICT.

... RESPONDENT Civil Miscellaneous 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 624 days in filing the CMA against the award an decree made in M.C.O.P.No.292 of 2017 dated 04.12.2019 on the file of the Motor Accident Claims Tribunal / Special Sub Court, Madurai and thus render justice. 1/3

PRAYER IN C.M.A.(MD) SR.No.7160 of 2023:

To allow this appeal, set aside the award and decree made in MCOP.No.292 of 2017 dated 04.12.2019 on the file of the Motor Accident Claims Tribunal/Specia Sub Court, Madurai.

ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S P.PRABHAKARAN, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- This petition is filed to condone the delay of 624 days in filing the above appeal in C.M.A.(MD)SR.No.7160 of 2023.

2. Heard the learned counsel for the petitioner/appellant and the respondent. The learned counsel for the respondent does not have serious objection in allowing these petitions.

3. Accepting the reasons stated in the affidavit filed in support of this petition, this petition is allowed on the payment of cost of Rs.2,000/- to the High Court Legal Services Committee attached to this Bench, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stand automatically dismissed without reference to this Court. sd/- 04/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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APD TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO:

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

ORDER

IN in C.M.A.(MD) SR.No.7160 of 2023 Date :04/11/2024 SA/VR/SAR. /23.11.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3