Saraspathie v. Andiyappan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifth day of October Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.5016 of 2018 IN CMA(MD) No.SR14967 of 2016 1 SARASPATHIE 2 KAMALAPATHY ... PETITIONERS/APPELLANTS Vs 1 ANDIYAPPAN 2 THE ORIENTAL INSURANCE COMPANY LTD, THROUGH BRANCH MANAGER, 2ND FLOOR, 107, NAVALADIAN COMPLEX, THANTHINDRIMALAI. ... 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 187 days in filing the above Civil Miscellaneous Appeal and thus render justice. PRAYER IN CMA(MD) No.SR14967 of 2016 To allow this appeal and enhance the award amount in M.C.O.P.No.659 of 2014 on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Tirunelveli, dated 16.03.2015 and thus 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.T.SELVAKUMARAN, Advocate for the petitioner and of MR.K.BHASKARAN, Advocate on behalf of the 2nd Respondent, the court made the following order:- This petition is filed to condone the delay of 187 days in filing the appeal challenging the award directing the second respondent to pay compensation.

2.The first respondent remained ex-parte before the Tribunal and no notice is necessary for the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 3.Mr.K.Bhaskaran, learned counsel takes notice for the second respondent.

4.Considering the contention of the learned counsel for the petitioner, the delay of 187 days is condoned on payment of cost of Rs.500/- (Rupees Five Hundred only) to the Rojavanam, Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai, 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 further reference to this Court.

sd/- 05/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI COPY TO: THE OFFICER-IN-CHARGE, THE ROJAVANAM, HOMELESS & AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI,

ORDER

IN CMP(MD) No.5016 of 2018 IN CMA(MD) No.SR14967 of 2016 Date :05/10/2018 PK/MMS/SAR-1/09.10.2018 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/