The Divisional Manager v. Indirani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Nineteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6144 of 2018 IN CMA(MD) No.SR20794 of 2017 THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED, TRICHY ... PETITIONER / APPELLANT Vs 1 INDIRANI 2 NAGAMUTHU 3 MINOR DEEPA D/O.NAKALADI KARUPPAN 4 MINOR ROOBA D/O.NAKALADI KARUPPAN 5 MINOR ARUMUGAM S/O.NAKALADI KARUPPAN (MINORS 3,4 & 5 ARE REPRESENTED THROUGH THEIR MOTHER AND NATURAL GUARDIAN INDIRANI, THE 1st RESPONDENT HEREIN) 6 K.VEERAPPAN ... 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 388 days in re-presenting the above CMA.SR.No.

20794 of 2017 PRAYER IN CMA(MD) No.SR20794 of 2017:- to set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Sub Court, Kulithalai in Mcop No.25 of 2012 dated 17.08.2016 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.D.SIVARAMAN, Advocate for the petitioner and the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ Heard.

This petition has been filed by the petitioner seeking to condone the delay of 388 days in representing the above Civil Miscellaneous Appeal.

2.Considering 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.1000/-.(Rupees one thousand only) to the Chief Justice Relief Fund, within a period of one week from the date of receipt of 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.

4. In the event of payment of cost, the Registry is directed to number the appeal, if it is in order and list the same "for admission" forthwith.

sd/- 19/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KULITHALAI, COPY TO:- 1 THE SECTION OFFICER, ACCOUNTS SECTION, CHIEF JUSTICE RELIEF FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2 THE SUB-ASSISTANT REGISTRAR A.E., SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI gcg JAM/24/07/2018/RR /SAR 2/2p-4c

ORDER

IN CMP(MD) No.6144 of 2018 IN CMA(MD) No.SR20794 of 2017 Date :19/07/2018 https://hcservices.ecourts.gov.in/hcservices/