Madras High CourtCMP(MD)/5149/2020ordered

Dhanalakshmi v. Prabhavathy

2021-02-04Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.5149 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5149 of 2020 IN CMA(MD) SR No.34278 of 2020 1 DHANALAKSHMI 2 MANOHARAN ... PETITIONERS/APPELLANTS Vs 1 PRABHAVATHY 2 THE MANAGER, FUTURE GENERAL INDIA INSURANCE COMPANY LTD., 1ST, 2ND, 3RD FLOOR, 55(27) VIJAY RAGHAVA ROAD, T.NAGAR, CHENNAI-600 017. ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 383 days in filing the above Civil Miscellaneous Appeal as against the judgment and decree passed in MACOP No.728 of 2013 on the file of the Motor Accident Claims Tribunal (Additional District Judge), Dindigul dated 09.02.2019. PRAYER IN CMA(MD) SR No.34278 of 2020:

To enhance the award amount passed in M.A.C.O.P.No.728 of 2013 on the file of the Motor Accident Claims Tribunal (Additional District Judge), Dindigul dated 09.02.2019 by allowing this appeal. ORDER:This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.SARAVANAN, Advocate for the petitioners and of Mr.D.SIVARAMAN, Advocate on behalf of the 2nd Respondent, and the 1st Respondent Not appeared either in person or by an Advocate, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 383 days in filing the above Civil Miscellaneous Appeal.

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CMP(MD) No.5149 of 2020

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.2,000/- (Rupees Two Thousand only) to the Legal Services Committee, attached to this Bench,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.

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 otherwise in order and list the same "for admission" forthwith.

sd/- 04/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.5149 of 2020 IN CMA(MD) SR No.34278 of 2020 Date :04/02/2021 pkn PK/JC/SAR-II/09.02.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2