The Divisional Manager v. Selvi W/O.Manohar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Tenth day of September Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.6932 of 2018 IN CMA(MD) No.SR20121 of 2018 THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., OFFICE AT 73/13-1, SALAI ROAD, LAKSHMI COMPLEX THILLAI NAGAR, TIRUCHIRAPPALLI-18. PETITIONER/APPELLANT/2nd RESPONDENT Vs 1 SELVI 2 MINOR.MANIKANDAN 3 MINOR.MONIKA 4 MINOR.MANIMEKALAI (MINORS 2 TO 4 RESPONDENTS ARE REPRESENTED BY THEIR MOTHER AND GUARDIAN OF 1st RESPONDENT SELVI) ... 1-3 RESPONDENTS/1-3 RESPONDENTS/1-3 PETITIONERS 5 RADHA 6 VANNIYARAJAN (5th & 6th RESPONDENTS ARE REMAINED EXPARTE BEFORE THE LOWER COURT) 7 GENERAL MANAGER, HDFC ERGO GENERAL INSURANCE, OFFICE AT NO.
111, ACHUTHA, BHARATHIDASAN SALAI, FORMERLY PROMENADE ROAD, TIRUCHIRAPPALLI-01. 5 to 7 RESPONDENTS/5 to 7 RESPONDENTS/ 1,3 & 4 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 257 days in filing the appeal and render justice.
PRAYER IN CMA(MD) No.SR20121 of 2018 :
To against the Decree and judgment made in M.C.O.P.No.945/2016, dated 25.04.2017, on the file of the Motor Accident Claims Tribunal Cum Special District Judge, Thanjavur.
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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.K.BHASKARAN, Advocate for the petitioner and of MR.G.KARNAN, Advocate for R1 to R4 and MR.M.KARUNANITHI, Advocate for R6, No Appearance for R5, the court made the following order:- This petition is filed to condone the delay of 257 days in filing the above said appeal.
2.Heard the learned counsel appearing for the petitioner. 3.Though notice was served on the respondent no.5 and her name is also printed in the cause list, has not chosen not chosen to appear either in person or through counsel.
4.Considering the contention of the learned counsel for the petitioner the delay of 257 days is condoned on payment of cost of Rs.500/- (Rupees Five Hundred Only) to the Rojavanam, Homeless & Aged Care Centre, Melur Road, Uthangudi, 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, without further reference to this Court.
sd/- 10/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL CUM SPECIAL DISTRICT JUDGE, THANJAVUR.
COPY TO:
THE OFFICER INCHARE, ROJAVANAM, HOMELESS & AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI.
ORDER
IN CMP(MD) No.6932 of 2018 IN CMA(MD) No.SR20121 of 2018 Date :10/09/2018 https://hcservices.ecourts.gov.in/hcservices/ JM/VR MMS/SAR 1/03.10.2018/2P/3C