New India Assurance Co. Ltd., v. Parveen Banu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twentieth day of August Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.3781 of 2018 IN CMA(MD) No.SR2744 of 2018 NEW INDIA ASSURANCE COMPANY LIMITED, REP. BY ITS BRANCH MANAGER, DOOR.NO.105, RAILWAY STATION ROAD, THIRUPATHUR, VELUR DISTRICT ... PETITIONER/APPELLANT Vs 1 PARVEEN BANU 2 JASMINE BANU 3 INAYATHULLAH 4 SARAVANAN 5 MARIYAM BEEVI 6 MINOR MOHAMMED IBRAHIM ... RESPONDENTS/RESPONDENTS (Minor is represented through his mother and natural guardian Mariyam Beevi, the 5th Respondent herein.)

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 302 days in filing the above Civil Miscellaneous Appeal against the award passed in MCOP No.4 of 2011 dated 7.11.2016 on the file of the Motor Accident Claims Tribunal, Sub Court Devakottai 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.D.SIVARAMAN, Advocate for the petitioner and of MR.S.M.SANJAY, Advocate for R1, R2, R5 & R6, and of R3 & R4 nor appeared either in person or by an Advocae, the court made the following order:- This petition is filed to condone the delay of 302 days in filing the above said Civil Miscellaneous Appeal. 2.

The learned counsel appearing for the petitioner submitted that appellant is challenging only quantum of compensation awarded to the claimants. He further submitted that the respondents 3 & 4 are only formal parties.

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3.In view of the same, notice to the respondents 3 & 4 is dispensed with. The sixth respondent minor represented by fifth respondent.

4.Heard the learned counsel appearing for the respondents 1,2, 5 & 6.

5.Considering the contention of the learned counsel for the petitioner, the delay of 302 days is condoned on payment of cost of Rs.500/- (Rupees Five Hundred only) to the Rojavanam, Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without further reference to this Court.

sd/- 20/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, SUB COURT, DEVAKOTTAI COPY TO : THE OFFICER-IN-CHARGE, THE ROJAVANAM, HOMELESS & AGESCATE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI.

ORDER

IN CMP(MD) No.3781 of 2018 IN CMA(MD) No.SR2744 of 2018 Date :20/08/2018 PK/VR/SAR-1/29.08.2018 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/