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Madras High CourtCMP(MD)/2312/2024allowed

Nilavar Nisha v. S.Sekar

2024-04-29Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Second day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY IN CMA(MD) SR.No.8656 of 2024 1 NILAVAR NISHA 2 MINOR.THAIYUBA DHASNIM 3 MINOR.THAMINA DHASNIM (2ND & 3RD APPELLANTS ARE MINOR REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN 1ST APPELLANT) ... PETITIONERS/PETITIONERS Vs 1 S.SEKAR 2 NEW INDIA ASSURANCE COMPANY LIMITED, BRANCH OFFICE, JEROME BUILDING, KOTTAI STATION ROAD, TRICHY.

... RESPONDENTS/RESPONDENTS 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 616 days in filing the above Civil Miscellaneous Appeal. Prayer in CMA(MD) SR.No.8656 of 2024 :

To modify the order dated 03.01.2022 in M.C.O.P.No.1427 of 2015 on the file of Motor Accidents Claims Tribunal / Special District Judge, Tiruchirappalli and award further enhancement of compensation Rs.10,00,000/-. 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 MR.N.SUDHAGAR NAGARAJ, Advocate for the petitioner and of MR.J.S.MURALI, Advocate on behalf of the 2nd Respondent, the court made the 1/3

following order:- This Petition is filed to condone the delay of 616 days in filing the Appeal before this Court.

2. Heard on either side and perused the materials available on record.

3. Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost.

4. This petition is allowed on condition that the petitioners shall pay the cost of Rs.1,000/- (Rupees Thousand only) to the credit of Women Advocates Association, Madurai Bench of Madras High Court (Account No:6477041768, IFSC Code:- IDIB00H040, Indian Bank, High Court Branch, Madurai) for the purpose of maintaining Creche within a period of Four weeks from the date of receipt of a copy of this order.

5. On such payment being made, Registry is directed to number the appeal, if it is otherwise in order and list it for admission. sd/- 22/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE SPECIAL DISTRICT JUDGE / MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUCHIRAPPALLI COPY TO 1 THE OFFICER INCHARGE, WOMEN ADVOCATES ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

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

ORDER

IN IN CMA(MD) SR.No.8656 of 2024 Date :22/02/2024 RS/GS/SAR-(27.02.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3