Madras High CourtCMP(MD)/10456/2018ordered

The Manager v. Karunakaran

2018-12-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fourth day of December Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.10456 of 2018 IN CMA(MD) No.SR10592 of 2018 THE MANAGER, M/S.UNITED INDIA INSURANCE COMPANY LIMITED, BANGALORE. ... PETITIONER/APPELLANT Vs 1 KARUNAKARAN 2 NEELA 3 KAVITHA 4 HEMA 5 RAYADURAI 6 THE MANAGING DIRECTOR, KARNATAKA STATE TRANSPORT CORPORATION, BANGALORE. ... 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 246 days preferring the above Civil Miscellaneous Appeal against the order dated 10.04.2017 made by the Motor Accident Claims Tribunal cum Kulithalai in M.C.O.P.No.290 / 2011 and thus render justice.

PRAYER IN CMA(MD) No.SR10592 of 2018 :

To set aside the order of the Tribunal of Motor Accident Claims Tribunal cum Kulithalai made in M.C.O.P.No.290/2011, dated 10.04.2017 and allow the appeal with costs and 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.C.JAWAHAR RAVINDRAN, Advocate for the petitioner and of MR.K.ARUNRAJ, Advocate for R1 to R5, the court made the following order:- This petition has been filed to condone the delay of 246 days in filing the above Civil Miscellaneous Appeal in C.M.A.(MD) No.SR10592 of 2018.

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2. Having satisfied with 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 the 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. On showing proof of payment, Registry is directed to number the civil miscellaneous appeal, if the papers are otherwise in order. sd/- 04/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KULITHALAI.

COPY TO:

1 THE AUTHORISED OFFICER, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.10456 of 2018 IN CMA(MD) No.SR10592 of 2018 Date :04/12/2018 JM/VR MMS/SAR 3/06.12.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/