Madras High CourtCMP(MD)/5328/2019allowed

R.Nagarani v. Muthukrishnan

2019-07-30Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirtieth day of July Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU C.M.P(MD)Nos.5328 & 5329 of 2019 in C.M.A.(MD)Nos.SR3255 & 3257 of 2018 CMP(MD)No.5328 of 2019:

1 R.NAGARANI 2 VETRIVEL 3 MINOR THANGAVEL (MINOR 3RD PETITIONER IS REPRESENTED BY HER MOTHER AND NEXT FRIEND R.NAGARANI) 4 T.BOSE 5 PETCHIAMMAL ... PETITIONERS/APPELLANTS Vs 1.MUTHUKRISHNAN 2.RELIANCE GENERAL INSURANCE, THROUGH ITS MANAGER, NO.23, SPUR TANK ROAD, CHETPET, CHENNAI-31 ... 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 341 days in representing the above Civil Miscellaneous Appeal in CMASR(MD)No.3255 of 2018 and thus render justice.

PRAYER IN CMA(MD)No.SR3255 of 2018:

Pleased to allow the appeal and modify the award passed in M.C.O.P.No.242 of 2009 dated 27.06.2017 on the file of the Motor Accident Claims Tribunal/ Sessions Judge, Communal Clash Cases Court, Madurai and fix the liability on the Respondents as the Respondents are jointly and severally liable to pay the compensation amount payable to the Appellants.

CMP(MD)No.5329 of 2019:

1.R.RAMALAKSHMI 2.SIVASANKARI 3.R.ABIRAMI ...PETITIONERS/APPELLANTS Vs 1.MUTHUKRISHNAN 2.RELIANCE GENERAL INSURANCE, THROUGH ITS MANAGER, NO.23, SPUR TANK ROAD, CHETPET, CHENNAI-31 ... 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 341 days in representing the above Civil Miscellaneous Appeal in CMASR(MD)No.3257 of 2018 and thus render justice.

PRAYER IN CMA(MD)No.SR3257 of 2018:

Pleased to allow the appeal and modify the award passed in M.C.O.P.No.640 of 2009 dated 27.06.2017 on the file of the Motor Accident Claims Tribunal/ Sessions Judge, Communal Clash Cases Court, Madurai and fix the liability on the Respondents as the Respondents are jointly and severally liable to pay the compensation amount payable to the Appellants.

ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.R.ARAVINDAN, Advocate for the petitioners in both the petitions, the court made the following order:- These petitions have been filed to condone the delay of 341 days in representing the above Civil Miscellaneous Appeals. 2.Considering the reasons stated in the affidavit filed in support of the petitions and also considering the length of delay, this Court is inclined to condone the delay in both the petitions subject to the payment of cost of each Rs.1,000/-(Rupees one thousand only) to the Legal Services Committee, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which these petitions shall stand dismissed automatically without any further reference to this Court.

3.These petitions are accordingly ordered.

sd/- 30/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SESSIONS JUDGE, COMMUNALCLASH CASES COURT, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO:

THE AUTHORITY OFFICER, LEGAL SERVICE COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN C.M.P(MD)Nos.5328 & 5329 of 2019 in C.M.A.(MD)Nos.SR3255 & 3257 of Date :30/07/2019 TK/PN/SAR.3/05.08.2019/3P/3C