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Madras High CourtCMP(MD)/5052/2023allowed

Gopimuthu Selvan, v. Ramu,

2023-12-12Honourable Mr Justice G. Chandrasekharan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Nineteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in CMA(MD) SR.No.24276 of 2023 1 GOPIMUTHU SELVAN 2 KARUPPUSAMY ... Petitioners / Respondents 1 & 2 Vs 1 RAMU 2 GNANAJOTHI 3 SUTHA ... Respondents 1 to 3 / Petitioners 4 M/S. HDFC ERGO INSURANCE COM PANY LIMITED, FIRST FLOOR, HDFC HOUSE, NO.165166, BACYBAY RELCAMATION, H.T. PAREKH MARG, CHURCH GATE, MUMBAI - 400 020.

5 SARANRAJ ... Respondents 4 & 5 / Respondents 3 & 4 Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 302 days in filing the above Civil Miscellaneous Appeal in C.M.A.(MD). SR. No. 24276/2023.

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Prayer in CMA(MD) SR.No.24276 of 2023:

To fix the entire liability on the Insurance Company in M.C.O.P.No.04 of 2020 on the file of the Motor Accident Claims Tribunal, (Principal District Judge), Ramanathapuram, dated 30.11.2021 and consequently allowed this appeal. ORDER : This civil miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. R. BABU JAGANATH, Advocate for the petitioner and of Mr.R.SENTHIL KUMAR, Advocate on behalf of the Respondent Nos.1 to 3 and 5 and of Mr.S.SRINIVASARAGHAVAN, Advocate for the 4th Respondent, the court made the following order:- This Court had directed the appellant to pay 50% of the amount. Since the time granted to pay the amount is lapsed, the lower Court refused to receive the deposited amount. Hence, the time is extended until 26.03.2024 to pay the amount.

2. The appellant is directed to pay 50% of the amount and report the same before this Court on 27.03.2024.

3. Post the case on 27.03.2024.

sd/- 19/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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JBR TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMANATHAPURAM.

ORDER

IN in CMA(MD) SR.No.24276 of 2023 Date :19/03/2024 SA/GS/SAR. /22.03.2024/3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3