Mayilvaganam v. Claims Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in C.M.A.(MD)SR.No.29321 of 2024 MAYILVAGANAM ... PETITIONER/APPELLANT Vs CLAIMS MANAGER ICICI LAMBERT GENERAL, INSURANCE COMPANY LIMITED, MADURAI.

... RESPONDENT/RESPONDENT 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 301 days for filing civil miscellaneous appeal against M.C.O.P.No.216 of 2019 dated 0702-2023 on the file of Honourable Motor Accident Claim Tribunal / Chief Judicial Magistrate Court, Srivilliputhur and thus render justice. PRAYER IN C.M.A.(MD)SR.No.29321 of 2024:

To enhance the award passed in the fair and decreetal order dated 7.02.2023 1/4

made in M.C.O.P.No.216 of 2019, on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court, Srivilliputhur, Virudhunagar District and allow this Civil Miscellaneous Appeal with interest and cost. ORDER : This 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 MR.S.ALAGUSUNDAR, Advocate for the petitioner and not appeared for the respondent either in person or through by an advocate, the court made the following order:- This Petition is filed to condone the delay of 301 days in filing the above Civil Miscellaneous Appeal as against the order made in M.C.O.P.No.216 of 2019, dated 7.2.2023, on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court, Srivilliputhur.

2.Heard the learned counsel for the Petitioner and perused the materials placed before this Court. There is no representation on behalf of the respondent. 3.Accepting the reasons stated in the accompanying affidavit filed in support of this Petition, this Petition is allowed on condition that the Petitioner/appellant pay a sum of Rs.1,000/-(Rupees one thousand only) towards costs to the credit of Madras 2/4

High Court Madurai Bench Advocate Clerks Welfare Association, Madurai within a period of two weeks from the date of receipt of a copy of this order. Failing which, this petition shall stand dismissed automatically dismissed without further reference to this Court.

sd/- 15/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL/ CHIEF JUDICIAL MAGISTRATE COURT, SRIVILLIPUTHUR. COPY TO THE OFFICER IN CHARGE, MADRAS HIGH COURT MADURAI BENCH ADVOCATE CLERKS WELFARE ASSOCIATION, MADURAI

ORDER

IN in C.M.A.(MD)SR.No.29321 of 2024 Date :15/11/2024 3/4

RK/GSV (02/12/2024) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4