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Madras High CourtCMP(MD)/6226/2018ordered

National Insurance Co. Ltd., v. U.Parameswari

2018-07-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6226 of 2018 IN CMA(MD) No.SR40123 of 2017 NATIONAL INSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL MANAGER G.M. COMPLEX ,II FLOOR , NORTH VELI STREET, NEAR SETHUPATHI HIGH SCHOOL, MADURAI DISTRICT ... PETITIONER / APPELLANT Vs 1 U.PARAMESWARI 2 MINOR U.ATCHAYA D/O. LATE UDHAYAKUMAR 3 MINOR.Y.AKALYA D/O.LATE. UDHAYAKUMAR (MINORS 2 AND 3 REPRESENTED THROUGH THEIR MOTHER AND NATURAL GUARDIAN U.PARAMESWARI, THE 1st RESPONDENT HEREIN) 4 M.VASANTHA 5 K.KULANDAIVEL ...

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 262 days in re-presenting the above CMA.SR.No.40123 of 2017 and thus render justice. PRAYER IN CMA(MD) No.SR40123 of 2017:- to set aside the judgment and decree passed by the Motor Accident Claims Tribunal, 6th Additional District Court, Madurai in MCOP No.666 of 2014 dated 24.03.2017 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 of Mr.K.R.LAXMAN, Advocate for Caveator on behalf of the Respondents, the court made the following order:- https://hcservices.ecourts.gov.

This petition has been filed to condone the delay of 262 days in re-presenting the above civil miscellaneous appeal in C.M.A.(MD) No.SR40123 of 2017.

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.1,000/- (Rupees One Thousand only) to the Chief Justice Relief Fund, 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 any further reference to this Court.

3. This petition is accordingly ordered sd/- 20/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE 6TH ADDITIONAL DISTRICT / MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI COPY TO:- THE SECTION OFFICER, ACCOUNTS SECTION, CHIEF JUDICIAL RELIEF FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI PJL JAM/26/07/2018/VR /SAR 3/ 2P-3C

ORDER

IN CMP(MD) No.6226 of 2018 IN CMA(MD) No.SR40123 of 2017 Date :20/07/2018 https://hcservices.ecourts.gov.in/hcservices/