Madras High CourtCMP(MD)/2678/2024allowed with costs

The Oriental Insurance Company Limited, v. C.Chellammal

2024-04-26Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Sixth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in C.M.A(MD)Nos.737 to 739 of 2012 THE ORIENTAL INSURANCE COMPANY LIMITED, NO.3217, EAST MAIN STREET, PUDUKOTTAI 622 001.

... PETITIONER/APPELLANT IN ALL THE PETITIONS Vs 1 C.CHELLAMMAL 2 V.KUMAR ... RESPONDENTS/RESPONDENTS IN CMP(MD).2678/2024 1 E.VELLAIAMMAL 2 V.KUMAR ... RESPONDENTS/RESPONDENTS IN CMP(MD).2679/2024 1 C.PECHIAMMAL 2 V.KUMAR ... RESPONDENTS/RESPONDENTS IN CMP(MD).2680/2024 Prayer in CMP(MD). 2678/ 2024 :

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 499 days in filing the restoration petition as against 2nd respondent in CMA(MD) No.737 of 2012 order dated 02.09.2022 and render justice. 1/4

Prayer in CMA(MD).737/2012:

To set aside the Award of Rs.80,000/- (Rupees Eighty Thousand Only) passed in MCOP.No.90/2006 dated 29.02.2012, on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Tiruchirappalli. Prayer in CMP(MD). 2679/ 2024 :

To Condone the delay of 499 days in filing the restoration petition as against 2nd respondent in CMA(MD) No.738 of 2012 order dated 02.09.2022 and render justice.

Prayer in CMA(MD).738/2012:

To set aside the Award of Rs.80,000/- (Rupees Eighty Thousand Only) passed in MCOP.No.91/2006 dated 29.02.2012, on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Tiruchirappalli. Prayer in CMP(MD). 2680/ 2024 :

To Condone the delay of 499 days in filing the restoration petition as against 2nd respondent in CMA(MD) No.739 of 2012 order dated 02.09.2022 and render justice.

Prayer in CMA(MD).739/2012:

To set aside the Award of Rs.65,000/- (Rupees Sixty Five Thousand Only) passed in MCOP.No.92/2006 dated 29.02.2012, on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Tiruchirappalli. ORDER : These Civil Miscellaneous Petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.C.JAWAHAR RAVINDRAN, Advocate for the petitioner in all the Petitions and of Mr.J.ANAND KUMAR, Advocate on behalf of the 1st Respondent in all the Petitions and none appeared for the 2nd Respondent side either in person or by an advocate in all the petitions, the court made the following order:- These Petitions are filed to condone the delay of 499 days in filing the restoration petition as against the 2nd respondent in C.M.A(MD) Nos.737 to 739 of 2012, dated 02.09.2022.

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

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

4. These petitions are allowed on condition that the petitioner shall pay the cost of Rs.500/-, each (Rupees Thousand Five Hundred 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 Six weeks from the date of receipt of a copy of this order.

5. On such payment being made, Registry is directed to restore these matters as against the 2nd respondent and post these matters before this Court after Six weeks.

sd/- 26/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL TIRUCHIRAPPALLI.

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COPY TO:

THE OFFICER INCHARGE, WOMEN ADVOCATES ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN in C.M.A(MD)Nos.737 to 739 of 2012 Date :26/04/2024 SA/GS/SAR. /29.05.2024/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4