The Oriental Insurance Company Ltd., v. B.Sesurajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY CMP(MD) Nos.2075 and 2077 of 2024 in THE ORIENTAL INSURANCE COMPANY LTD., 73/3-1, LAKSHMI COMPLEX, SALAI ROAD, TRICHY-3 ... Petitioner / Appellant in both petitions Vs 1 B.SESURAJAN 2 K.SIVANANDAM ... Respondents / Respondents in CMP(MD) No.2075 of 2024 1 MINOR HARIHARAN (Through his father / guardian, Gopalakrishnan) 2 K.SIVANANDAM ... Respondents / Respondents in CMP(MD) No.2077 of 2024 Prayer in CMP(MD). 2075/ 2024 :

To pass an order to condone the delay of 576 days in filing the Appeal against the award / decree and judgment dated 14.03.2022 passed in MCOP.No. 1537/2011 made in Common Judgment in MCOP.No. 1537 and 1538/2011 on the file of the Honourable III Additional Sub Court, Trichy (Motor Accidents Claims Tribunal) decide the Appeal on merits.

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Prayer in CMA(MD) SR No.9276 of 2024:

To set aside the decree and judgment in MCOP No.1537/2011 made in the common judgment passed in MCOP No.1537/2011 & 1538/2011 dated 14.03.2022 on the file of the III Additional Sub Court, Trichirappalli (Motor Accident Claims Tribunal).

Prayer in CMP(MD). 2077/ 2024 :

To pass an order to condone the delay of 576 days in filing the Appeal against the award / decree and judgment dated 14.03.2022 passed in MCOP.No. 1538/2011 made in Common Judgment in MCOP.No. 1537 and 1538/2011 on the file of the Honourable III Additional Sub Court, Trichy (Motor Accidents Claims Tribunal) decide the Appeal on merits.

Prayer in CMA(MD) SR No.9277 of 2024:

To set aside the decree and judgment in MCOP No.1538/2011 made in the common judgment passed in MCOP No.1537/2011 & 1538/2011 dated 14.03.2022 on the file of the III Additional Sub Court, Trichirappalli (Motor Accident Claims Tribunal).

ORDER : These civil miscellaneous petitions 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.C.KARTHIK, Advocate for the petitioner in both petitions and of not appeared for Respondents in person or through by an Advocate in both petitions, the Court made the following order:- These petitions have been filed to condone the delay of 576 days in filing the appeals in C.M.A(MD)SR.Nos.9276 & 9277 of 2024. 2.The learned Counsel for the appellant submitted that the execution petition is pending. The respondents shall not press the execution petition until the disposal of the Civil Miscellaneous Appeals.

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3.On payment of cost to the tune of Rs.750/- to the credit of Creche attached to the Madurai Bench of Madurai High Court, Madurai, these civil miscellaneous petitions are allowed.

3.The Registry is directed to number the appeals, if it is otherwise in order. sd/- 28/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR To The III Additional Subordinate Judge, Motor Accident Claims Tribunal, Trichirappalli.

Copy to:

1.The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai.

2.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN CMP(MD) Nos.2075 and 2077 of 2024 in Date :28/03/2024 ED/ JGB /SAR- (05/04/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4