The Managing Director, v. S.Krishna Devi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11708 of 2018 IN CMA(MD) No.SR49690 of 2018 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LIMITED, NO.2 TRIVANDRUM ROAD, TIRUNELVELI. PETITIONER/APPELLANT Vs 1.S.KRISHNA DEVI, 2 MINOR. S.SELVA SUBA SRI, D/O. LATE SENTHIL KUMAR, 3 MINOR S.MUTHU SUJI, D/O. LATE SENTHIL KUMAR, 4 MINOR S.MUTHUBALAN, S/O. LATE SENTHIL KUMAR, 5 MINOR S.JEYA PARVATHI, D/O. LATE SENTHIL KUMAR, 6 MINOR S.MUTHUKUMAR, S/O. LATE SENTHIL KUMAR, (The respondents 2 to 6 are minors represented through their next friend and guardian their mother the 1st respondent) 7 MUTHU PANDI, 8 SOWNTHARI, ...

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 120 days in filing the Civil Miscellaneous Appeal against the Award and Decree made in M.C.O.P.No.303 of 2015 dated 09.03.2018 on the file of the Motor Accident Claims Tribunal / II Additional District Court, Thoothukudi and thus render justice.

PRAYER IN CMA(MD) No.SR49690 of 2018:

To allow this appeal, set aside the award and decree made in M.C.O.P.No.303 of 2015 dated 09.03.2018 on the file of the Motor Accident Claims Tribunal/II Additional District Court, Thoothukudi. 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.P.PRABHAKARAN, Advocate for the petitioner and of MR.KA.RAMAKRISHNAN, Advocate for the respondents 7 & 8, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 120 days in filing the above Civil Miscellaneous Appeal.

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.500/-.(Rupees five hundred only) to the Legal Services Committee, attached to this Bench, within a period of one week from the date of receipt of copy of this order.

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/- 22/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE II ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THOOTHUKUDI

COPY TO:

1.THE OFFICER INCHARGE LEGAL AID SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.11708 of 2018 IN CMA(MD) No.SR49690 of 2018 Date :22/01/2019 AE/VR/SAR3/12.02.2019/3P/4C