Prabakaran v. Chellapillai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fifth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CMA(MD)SR.No.10358 of 2024 PRABAKARAN ... APPELLANT/PETITIONER Vs 1 CHELLAPILLAI 2 THE BRANCH MANAGER MAGMA HDI GENERAL INSURANCE COMPANY LTD., NAVINS PRESIDUM, 3RD STREET, OLD.NO.103,NEW NO. 17/19, B BLOCK 3A, NELSON MANICKAM ROAD, CHENNAI.

... 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 237 days in preferring Civil Miscellaneous Appeal as against the order dated 24.01.2023 passed in M.C.O.P.No. 128 of 2022 before the Motor Accident Claims Tribunal/ Additional District Judge , Ramanathapuram. PRAYER in CMA(MD)SR.No.10358 of 2024:

To allow this appeal and enhance the award amount in M.C.O.P.No.128 of 2022 on the file of the Additional District Judge/Motor Accident Claims Tribunal, Ramanathapuram, dated 24.01.2023.

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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.D.BALAMURUGA PANDI, Advocate for the petitioner, the Court made the following order:- (Order of the Court was made by V.BHAVANI SUBBAROYAN,J) This Petition is filed to condone the delay of 237 days in filing the Civil Miscellaneous Appeal.

2.Heard the learned counsel appearing for the Petitioner and perused the materials available on record.

3. For the reasons stated in the accompanying affidavit filed in support of this Petition and on being satisfied with the same, the delay of 237 days in filing the appeal is condoned and this petition is allowed on condition that the petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred only) towards costs to the Madras High Court Madurai Bench Advocate Clerk's Welfare Association, Madurai in Account No.496039124, High Court, Madurai Bench within a period of one week from the date of receipt of a copy of this order and on deposit of the same, the petition shall stand allowed, failing which, the Petition shall stand automatically dismissed without further reference to this Court. 2/3

4. Registry is directed to number the appeal, if it is otherwise in order. sd/- 25/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

AM TO THE ADDITIONAL DISTRICT JUDGE /MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMANATHAPURAM.

Copy to:

THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

THE OFFICER INCHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in CMA(MD)SR.No.10358 of 2024 Date :25/03/2024 SS/GS/SAR- /01/04/2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3