Madras High CourtCMP(MD)/11033/2025dismissed

The Branch Manager v. Maruthambal

2025-07-28Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2025

CORAM:

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN in C.M.A.(MD)SR.No.11092 of 2025 and C.M.A.(MD)SR.No.11092 of 2025 The Branch Manager, United India Insurance Company Limited, Tanjore.

... Petitioner Vs.

1.Maruthambal 2.Kalidhasan 3.P.Sakthivel

...Respondents

Prayer in C.M.P.(MD)No.11033 of 2025 : The Civil Miscellaneous Petition has been filed under Section 173(1) of Motor Vehicles Act, 1988, to condone the delay of 282 days in filing the above civil miscellaneous appeal in CMA(MD)SR.No.11092 of 2025.

Prayer in C.M.A.(MD)No.SR11092 of 2025 : The Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988, 1/4

against the award dated 18.01.2024 passed in M.C.O.P.No.227 of 2022 on the file of the Motor Accidents Claims Tribunal / Special District Court, Tanjore.

(in both cases) For Petitioner : Mr.M.Arjun Varman COMMON ORDER The Civil Miscellaneous Petition has been filed seeking orders to condone the delay of 282 days in filing the afore said appeal.

2. By the order dated 15.07.2025, this Court ordered notice to the respondents and issued the following directions. "2.Batta in 3 working days. Failing which, the petition shall stand dismissed automatically without any further reference to Court. Once batta is paid, Registry is directed to issue process on the same day.

Since this Court ordered notice through Court and Post, the petitioner is directed to pay batta of Rs.35/- each."

3. In spite of the above said order, batta was not paid within the 2/4

time. Therefore, the Civil Miscellaneous Petition stands dismissed with liberty to the petitioner to file restoration petition. Consequently, C.M.A. (MD)SR.No.11092 of 2025 stands rejected at the SR stage itself. 28.07.2025 NCC :yes/No Index :yes/No Internet:yes/No csm To 1.The Special District Judge, Motor Accident Claims Tribunal, Thanjavur.

3/4

K.K.RAMAKRISHNAN ,J.

csm Order made in in C.M.A.(MD)SR.No.11092 of 2025 and C.M.A.(MD)SR.No.11092 of 2025 Dated : 28.07.2025 4/4