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Madras High CourtCMP(MD)/3460/2018ordered

A.Dhanalakshmi, v. S.Iyyadurai

2018-08-13Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.3460 of 2018 IN CMA(MD) No.SR39055 of 2017 A.DHANALAKSHMI ... PETITIONER/APPELLANT Vs 1.S.IYYADURAI 2.THE MANAGER, ROYAL SUNDARAM ALLIANZ INSURANCE COMPANY LIMITED, NO.6, SORENDO BUILDING 1ST FLOOR, LATIS BRIDGE ROAD, ADAYAR, CHENNAI-600 020.

... RESPONDENTS/RESPONDENTS (1ST RESPONDENT REMAINED EXPARTE BEFORE THR TRIBUNAL.HENCE NOTICE TO THE 1ST RESPONDENT MAY BE DISPENSED WITH) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 130 days in filing this appeal and thus render justice.

PRAYER IN CMA(MD) No.SR39055 of 2017:

To enhance the compensation amount from Rs.4,00,000/- to Rs.5,00,000/- in M.C.O.P.No.79 of 2012 on the file of Motor Accident claims Tribunal, periakulam and thus render justice. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.KUMARAVEL, Advocate for the petitioner and of Mrs.R.SIVASANKARI, Advocate for R2 the court made the following order:- This petition has been filed to condone the delay of 130 days in filing the above Civil Miscellaneous Appeal.

2. It is reported by the learned counsel appearing for the petitioner that the first respondent remained ex parte before the https://hcservices.ecourts.gov.in/hcservices/ Tribunal and hence, his appearance is not necessary before this Court. The said submission is hereby recorded.

3. Mrs.R. Shivasankari, learned counsel takes notice for 2nd respondent.

4. This petition is allowed and the delay is condoned on payment of cost of Rs.500/- (Rupees Five Hundred only) to Rojavanam, Home for Old Aged, Melur Road, Uthangudi, Ulaganeri, Madurai - 625 107, within a period of one week from today, failing which this petition shall stand dismissed automatically without any further reference to this Court.

5. If the aforesaid condition is complied with within the time stipulated, and if the papers are in order, Registry is directed to number the appeal and post the same for admission. sd/- 13/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE,MOTOR ACCIDENT CLAIMS TRIBUNAL, PERIAKULAM.

COPYTO:

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

2.THE OFFICER INCHARGE, ROJAVANAM, HOME FOR OLD AGED, MELUR ROAD, UTHANGUDI, ULAGANERI, MADURAI - 625 107

ORDER

IN CMP(MD) No.3460 of 2018 IN CMA(MD) No.SR39055 of 2017 Date :13/08/2018 TK/PN/SAR.2/23.08.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/