The Branch Manager v. K.Mangaiyarkarasi
CMP(MD) NO. 7442 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07-10-2025
CORAM
THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) NO. 7442 of 2024 IN CMA(MD) SR NO. 19624 OF 2024 The Branch Manager National Insurance Company Limited, Kumbakonam. Petitioner(s) Vs K.Mangaiyarkarasi W/o.Kaliyamoorthy, No.74, Byragithoppu, Near Naalroad, Kumbakonam Taluk, Thanjavur District.
2. K.Jeyapaulraj S/o.Kaliyamoorthy, No.74, Byragithoppu, Near Naalroad, Kumbakonam Taluk, Thanjavur District.
3. K.Kalaiyarasi D/o.Kaliyamoorthy, No.74, Byragithoppu, Near Naalroad, Kumbakonam Taluk, Thanjavur District.
4. K.Kalaiselvi D/o.Kaliyamoorthy, No.74, Byragithoppu, Near Naalroad,Kumbakonam Taluk, Thanjavur District.
5. K.Kalaivani D/o.Kaliyamoorthy, No.74, Byragithoppu, Near Naalroad,Kumbakonam Taluk, Thanjavur District.
6. Ajay S/o.Gunasekaran, Ambedkar Nagar, Sakkottai, Kumbakonam Taluk, Thanjavur District.
7. Rajan S/o.Soundarrajan, No.74, North Street, Nakkampadi Village, Papanasam Taluk, Thanjavur District.
Respondent(s) For Petitioner(s): Mr.J.S.Murali For Respondent(s): M/s.G.Ganesh Kumar for R1 to R5 Prayer: This application is filed under Section 5 of the Limitation Act to condone the delay of 53 days in filing the above appeal.
ORDER
(Order of the Court was made by P.Velmurugan J.) This petition is filed to condone the delay of 53 days in filing the appeal. 2.Though the reasons stated in the accompanying affidavit filed in support of the petition are not satisfactory, in order to give one opportunity to the petitioner to challenge the award, the delay is condoned. However, the petitioner is directed to deposit 50% of the award amount to the credit of MCOP No.263 of 2017 on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Court, Kumbakonam within a period of four weeks, failing to deposit the said amount, the application shall stand automatically dismissed without further reference to this Court.
3. On such deposit being made, the application is allowed and the delay is condoned. Thereafter, the Registry is directed to take the appeal on file, if it is otherwise in order. (P.VELMURUGAN J.) (R.POORNIMA J.) 07-10-2025 RR