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Madras High CourtCMP(MD)/5888/2018ordered

Arulselvan v. A.Jesuraj,

2018-08-10Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Tenth day of August Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.5888 of 2018 IN CMA(MD) No.SR24725 of 2018 ARULSELVAN ... PETITIONER/APPELLANT Vs 1.A.JESURAJ, 2.THE BRANCH MANAGER, BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT. ... 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 510 days in filing the appeal against the award passed by the Motor Accident Claims Tribunal (Sub-Court), Srivilliputtur in MCOP.No.163 of 2008 dated 04/11/2016 and pass appropriate order as deem fit and proper in the circumstances of the case and thus render justice.

PRAYER IN CMA(MD) No.SR24725 of 2018:

To set aside the judgment and decree made in M.C.O.P.No.163 of 2018 by the Motor Accident Claims Tribunal, (sub-court), Srivilliputtur dated 04.11.2016 and enhance the award amount and pass.

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.LENIN KUMAR, Advocate for the petitioner and of Mr.R. SHIVASANKARAN , Advocate for R2, and R1 not appeared either in person or by an advocate, the court made the following order:- This petition has been filed to condone the delay of 510 days in filing the above Civil Miscellaneous Appeal.

2. Though notice was served on the respondent No.1 and his name is also printed in the cause list there is no representation on behalf of the respondent No. 1 either in person or through his counsel. Mr. R. Shivasankaran, learned counsel takes notice for 2nd respondent.

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3. This petition is allowed and the delay is condoned on payment of cost of Rs.500/- (Rupees Five Hundred only) to Rojavanam, Home for Old Aged, Melur Road, Uthangudi, Ulaganeri, Madurai - 625 107, 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 without any further reference to this Court.

4. If the aforesaid condition is complied with within the time stipulated, and if the papers are in order, Registry is directed to number the appeal and post the same for admission. sd/- 10/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, SRIVILLIPUTTUR.

COPY TO:

1.THE OFFICER INCHARGE ROJAVANAM, HOME FOR OLD AGED, MELUR ROAD, UTHANGUDI, ULAGANERI, MADURAI - 625 107 2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

ORDER

IN CMP(MD) No.5888 of 2018 IN CMA(MD) No.SR24725 of 2018 Date :10/08/2018 TK/PN/SAR.1/29.08.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/