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Madras High CourtCMP(MD)/3841/2018ordered

Minor Pandimeena, v. The Royal Sundaram Alliance

2018-04-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3841 of 2018 IN CMA(MD) No.SR20068 of 2017 MINOR PANDIMEENA, REP BY HER GUARDIAN, S.VIJAYA ... PETITIONER / APPELLANT Vs 1 THE ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD., CHENNAI BRANCH, 46, WHITES ROAD, CHENNAI.

2 ABDUL MEERAPUDUKKOTTAI DISTRICT.

3 THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED, 4232, KEELARAJA VEETHI, PUDUKKOTTAI TOWN AND POST. RESPONDENTS / RESPONDENTS 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 329 days in paying the deficit Court fee of Rs.2,372.50/- in CMASR.No.20068 of 2017 and pass such further or other orders as this Honble Court may deem fit and proper in teh circumstances of this case and thus render justice. PRAYER IN CMA(MD) No.SR20068 of 2017:- to set aside the fair and decreetal order dated 06.11.2015 in M.C.O.P.No.67 of 2012 on the file of the Hon'ble Motor Accident Claims Tribunal (Additional District Court), Pudukkottai by allowing the present Civil Miscellaneous Petition.

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.BAALASUNDHARAM, Advocate for the petitioner and the court made the following order:- This petition has been filed to condone the delay of 329 days in paying the deficit court fee of Rs.2,372.50p., in C.M.A(MD) No.SR20068 of 2017, against the award passed in MCOP.No.67 of 2012. https://hcservices.ecourts.gov.

2. Considering the reasons stated in the affidavit filed in

support of the petition and also considering the length of delay, this Court is inclined to condone the delay, subject to the payment of cost of Rs.1,000/-(Rupees One Thousand only) to "Legal Aid Infrastructure Funds", Legal Aid Service Authority, attached to this Bench, 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 any further reference to this Court.

3. This petition is accordingly ordered.

sd/- 20/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKKOTTAI COPY TO:- THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI RM/GK JAM/25/04/2018/ PMI/ASVM/2P-3C

ORDER

IN CMP(MD) No.3841 of 2018 IN CMA(MD) No.SR20068 of 2017 Date :20/04/2018 https://hcservices.ecourts.gov.in/hcservices/