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Madras High CourtCMP(MD)/7488/2018ordered

Chelladurai v. M/S.Rajashree Mines Minerals

2018-11-08Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eighth day of November Two Thousand and Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU C.M.P.(MD)Nos.7488 & 7489 of 2018 in C.M.A.(MD)Nos.SR29505 & SR29508 of 2018 CHELLADURAI ... APPELLANT/APPELLANT (in C.M.P.(MD)No.7488 of 2018) 1.KARPAGAM 2.PARTHIBAN ... APPELLANT /APPELLANT (in C.M.P.(MD)No.7489 of 2018) Vs 1.M/S.RAJASHREE MINES MINERALS NO.270/9, MAIN ROAD, V.KAIKATTI, ARIYALUR TALUK AND DISTRICT.

2.THE BRANCH MANAGER, M/S.UNITED INSURANCE COMPANY LTD, NO.50-A, PALLIVASAL STREET, PERAMBALUR.

... RESPONDENTS/RESPONDENTS (IN BOTH PETITIONS) 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 199 days in filing the present Civil Miscellaneous Appeal against the judgment and decree dated 04.09.2017 made in M.C.O.P.No.937 of 2015 on the file of Motor Accident Claims Tribunal, Special District Judge, Tiruchirappalli and thus render justice.

Prayer in CMP(MD). 7489/ 2018 :

Pleased to condone the delay of 199 days in filing the present Civil Miscellaneous Appeal against the judgment and decree dated 04.09.2017 made in M.C.O.P.No.936 of 2015 on the file of the Motor Accident Claims Tribunal, Special District Judge, Tiruchirappalli and thus render justice.

Prayer in C.M.A.(MD)No.SR29505 of 2018 :

To set aside the judgment and decree dated 04.09.2017 made in MCOP No.936 of 2015 on the file of Motor Accident Claims Tribunal, Special District Judge, Trichirappalli, is so far as it relates to quantum of compensation and grant enhancement amount of compensation pass such further or other orders.

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Prayer in C.M.A.(MD)No.SR29508 of 2018:

To set aside the judgment and decree dated 04.09.2017 made in MCOP No.937of 2015 on the file of Motor Accident Claims Tribunal, Special District Judge, Trichirappalli, is so far as it relates to quantum of compensation and grant enhancement amount of compensation pass such further or other orders.

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.V.NIRMAL KUMAR, Advocate for the Appellant in Both Petitions and of Mr.J.S.MURALI, Advocate for the Second Respondent in Both Petitions, the court made the following order:- These petitions have been filed to condone the delay of 199 days in filing the above civil miscellaneous appeals in C.M.A.(MD) Nos.SR29505 & SR29508 of 2018.

2. Considering the reasons stated in the affidavit filed in support of the petitions and also considering the length of delay, this Court is inclined to condone the delay, subject to the payment of cost of Rs.500/- (Rupees Five Hundred only) each, to "Chief Justice Relief Fund", within a period of one week from the date of receipt of a copy of this order, failing which, these petitions shall stand dismissed automatically, without any further reference to this Court.

3. These petitions are accordingly ordered.

sd/- 08/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUCHIRAPPALLI. COPY TO:

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN C.M.P.(MD)Nos.7488 & 7489 of 2018 in C.M.A.(MD)Nos.SR29505 & SR29508 of 2018 Date :08/11/2018 https://hcservices.ecourts.gov.in/hcservices/ RAM/JC/SAR 4/22.11.2018/2P/3C