M/S.National Insurance Company Limited v. F.Nayeem Akram
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirtieth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in C.M.A.(MD) SR No.37968 of 2024 M/S.NATIONAL INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANAGER, BRANCH OFFICE I, 175 - A,GREAT COTTON ROAD, THOOTHUKUDI.
... Petitioner / Appellant Vs 1 F.NAYEEM AKRAM 2 I.SARABANU ... Respondents / Respondents Civil Miscellaneous 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 454 days in filing the appeal and thus render justice. Prayer in C.M.A.(MD) SR No.37968 of 2024 To set aside the Judgement and decree dt 16.12.22 passed in MCOP no 03 of 2017 on the file of MACT/ Sub Judge Thoothukudi. 1/4
ORDER : This Civil Miscellaneous 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 M/s.P.MALINI, Advocate for the petitioner and of M/s.T.SELVAKUMARAN, on behalf of the R1 the Court made the following order:- This Civil Miscellaneous Petition has been filed to condone the delay of 454 days in filing the above C.M.A.
2. The learned counsel for the petitioner would submit that the appeal has been filed only challenging the quantum of compensation awarded by the Tribunal and hence, the notice to the second respondent, who is the owner of the insured vehicle, may be dispensed with.
3. Therefore, the notice to the second respondent is dispensed with. Heard Mr.T.Selvakumaran, learned counsel for the first respondent/ claimant.
4. Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay of 454 days in filing the appeal is condoned on payment of cost of Rs.1,000/- to the Siddha Centre attached to the Madurai Bench of Madras High Court, Madurai, operated by the Registrar (Administration) [A/c. No:-6865578213, IFSC Code:- IDIB000H040, Indian Bank, High Court Branch, Madurai], within a period of two weeks from today. This Civil Miscellaneous Petition is accordingly allowed.
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5. The Registry is directed to number the appeal, if it is otherwise in order, on receipt of proof of payment for the aforementioned cost, and to list it for admission. sd/- 30/09/2024 / TRUE COPY / / 10 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
JEN TO THE JUDGE, MACT/ SUB JUDGE THOOTHUKUDI.
COPY TO
1. THE REGISTRAR (ADMINISTRATION), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2. THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3.THE OFFICER INCHARGE, SIDDHA CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN in C.M.A.(MD) SR No.37968 of 2024 Date :30/09/2024 PSP/ VR /SAR /03.10.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4