The Tamil Nadu State Transport v. S.Mani (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.M.P(MD)No.1425 of 2019 in C.M.A(MD)No.SR5612 of 2019 The Tamil Nadu State Transport Corporation Limited, Bye Pass Road, Madurai, Through its The Managing Director.

... Petitioner / Appellant Vs S.Mani (Died) 2.Parimala 3.M.Anand 4.M.Aravind 5.M.Ashok 6.M.Harikrishna (R2 to R6 are brought on record as legal representatives of the deceased sole respondent vide Court order dated 17.03.2023) ... Respondents / Respondents 1/4

Prayer in C.M.P(MD)No.1425 of 2019 : Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 291 days in filing the Civil Miscellaneous Appeal against the judgment and decree dated 25.04.2017 passed in M.C.O.P.No.2112 of 2005 on the file of the Motor Accident Claims Tribunal (VI Additional District Court), Madurai.

Prayer in C.M.A(MD)No.SR5612 of 2019 : Civil Miscellaneous Appeal is filed under Section 173 Motor Vehicles Act to set aside the judgment and decree in M.C.O.P.No.2112 of 2005 dated 25.04.2017 on the file of the Motor Accident Claims Tribunal (VI Additional District Court), Madurai.

For Petitioner : Mr.K.Sudalaiyandi For R2, 4 to 6 : Mr.S.Balasubramanian

ORDER

There is a delay of 291 days in filing the Civil Miscellaneous Appeal.

2. Learned counsel for the respondent is present, who stated that an Execution Petition was filed and the entire amount was deposited. The claimant also received the money.

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3. In view of the development, nothing survives for further adjudication in this petition. Accordingly, this Civil Miscellaneous Petition is dismissed and the Civil Miscellaneous Appeal is rejected at the SR stage itself.

16.07.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To

1. The Motor Accident Claims Tribunal (VI Additional District Court), Madurai.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

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ORDER

IN C.M.P(MD)No.1425 of 2019 in C.M.A(MD)No.SR5612 of 2019 16.07.2024 4/4