The Manager v. Chirumbayee Ammal

C.M.P.(MD) No.9513 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirteenth day of October Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.MAHADEVAN and The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD C.M.P.(MD) No.9513 of 2022 in C.M.A.(MD) SR.No.56193 of 2014 THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., SHRI LAKSHMI COMPLEX 1ST FLOOR, BHARATHI STREET, OMALUR MAIN ROAD, SWARNAPURI, SALEM - 636 004. PETITIONER/APPELLANT Vs 1 CHIRUMBAYEE AMMAL 2 MINOR.MANIKANDAN 3 MINOR.KARTHIK RAJA 4 MINOR.SANTHOSH 5 MINOR.ILAVARASI (THE ABOVE SAID MINORS ARE REP.BY THEIR NATURAL GUARDIAN OF MOTHER 1ST PETITIONER) 6 VAIRAMMAL 7 LOGESWARI ...

RESPONDENTS/RESPONDENTS 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 2095 days in representing the C.M.A.S.R.No.56193 of 2014 before this Honourable Court as against the award passed in M.C.O.P.No.345 of 2011 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Karur. PRAYER IN C.M.A.(MD) SR.No.

To set aside the dated 16.12.2013 passed in M.C.O.P.No.345 of 2011 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Karur, and allow the present Civil Miscellaneous Appeal.

https://www.mhc.tn.gov.in/judis 1/2

C.M.P.(MD) No.9513 of 2022 ORDER : This 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 M/S K.GOKUL, Advocate for the petitioner, the court made the following order:- The civil miscellaneous petition is filed to condone the delay of 2095 days in representing the above writ appeal.

2. Mr.K.Gokul, learned counsel for the petitioner submitted that since the case bundle was misplaced, there is a delay of 2095 days in representing the Civil Miscellaneous Appeal.

3. Though there is a huge delay of 2095 days in representing the appeal, in order to give an opportunity to the petitioner/appellant to contest the case on merits, this Court is inclined to allow the petition but on terms. Accordingly, this petition is ordered and the delay of 2095 days in representing the Civil Miscellaneous Appeal is condoned, on condition that the petitioner shall pay a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of the Hon'ble The Chief Justice's Relief Fund, payable at Madurai Bench of Madras High Court, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall automatically be dismissed without further reference to Court.

sd/- 13/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

sj TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KARUR.

COPY TO THE SECTION OFFICER, ACCOUNTS SECTION, (THE CHIEF JUSTICE'S RELIEF FUND) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN C.M.P.(MD) No.9513 of 2022 in C.M.A.(MD) SR.No.56193 of 2014 Date :13/10/2022 RK/GB/SAR-1 (19/10/2022) 2P/3C https://www.mhc.tn.gov.in/judis 2/2