Branch Manager v. Minor.Vinitha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifteenth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN C.M.P(MD)No.4209 of 2024 in C.M.A.No.1911 of 2013 BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, KUMBAKONAM.

... PETITIONER/APPELLANT Vs 1 MINOR.VINITHA 2 MINOR.SUNDARAMURTHY MINOR RESPONDENTS 1 AND 2 REPRESENTED THROUGH THEIR MOTHER AND GUARDIAN, 3RD RESPONDENT MRS.GOVINTHAMMAL. 3 GOVINTHAMMAL 4 VIMALA 5 PALANICHAMY 6 THE COMMISSIONER THANJAVUR MUNICIPALTY, THANJAVUR.

7 BASKAR ... RESPONDENTS/RESPONDENTS 1/3

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the dismissal order dated 15.12.2017 in C.M.A.No.1911 of 2013 and restore the appeal as against the respondents nos. 5 and 7 and render justice. PRAYER IN C.M.A.No.1911 of 2013:

To set aside the order dted 12.01.2011 of the Deputy Commissioner for Workmen's Compensation, Trichy passed in W.C.No.58/2010 and allow this Appeal with costs.

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 C.JAWAHAR RAVINDRAN, Advocate for the petitioner and of MR.G.KANDHAVADIVELAN, Advocate on behalf of the Respondents 1 to 3 and MR.S.PAKALAVAN, Advocate for the 6th Respondent and not appeared for the respondents 4,5,7 either in person or through by an advocate, the court made the following order:- This petition is filed to set aside the dismissal order dated 15.12.2017 in CMA.No.1911 of 2013.

2. Though notice has been served on the 4th respondent, none entered appearance. As per the order dated 11.09.2024, paper publication has been effected to the respondents 5 to 7. There is no representation for R5 to R7. 3.Heard the learned counsel for the petitioner and the learned counsel for the respondents 1 to 3.

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4. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed.

sd/- 15/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

cm TO THE DEPUTY COMMISSIONER FOR WORKMEN'S COMPENSATION, TRICHY

ORDER

IN C.M.P(MD)No.4209 of 2024 in C.M.A.No.1911 of 2013 Date :15/10/2024 RK/JGB (28/10/2024) 3P / 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3