The Oriental Insurance Company v. Palaniammal
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirty First day of October Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.7839 of 2018 IN CMA(MD) No.SR2592 of 2018 THE ORIENTAL INSURANCE COMPANY LTD, 39/40, WORKSHOP ROAD, SARATHA SHOPPING CENTRE, SIMMAKKAL, MADURAI 625 003.
... PETITIONER/APPELLANTS Vs 1 PALANIAMMAL 2 MINOR MEENA 3 MINOR MADAVAN 4 MINOR BHARATHI 5 ARAVINDAN (MINOR 2 TO 4 ARE REPRESENTED BY NEXT FRIEND GUARDIAN MOTHER PALANIAMMAL) ... RESPONDENTS/RESPONDENTS (R5 GIVEN UP) 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 92 days in preferring the above Civil Miscellaneous Appeal against the order dated 18.07.2017 made by the Motor Accident Claims Tribunal cum Sub Ordinate Judge, Pattukottai M.C.O.P.No.61 / 2013 and thus render justice. PRAYER IN CMA(MD) No.SR2592 of 2018 Set aside the order of the Tribunal of MACT cum Sub-ordinate judge, pattukottai in M.C.O.P.NO.61/2013 dated and allow the appeal with costs and render justice.
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.E.CHANDRA SEKARAN, Advocate for the petitioner and of Mr.S.DEENADHAYALAN, for Caveator for the Respondents the court made the following order:- This petition has been filed to condone the delay of 92 days in filing the above Civil Miscellaneous Appeal.
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2. The learned counsel appearing for the petitioner submitted
that the fifth respondent, owner of the vehicle is not necessary party and hence, he is giving up the fifth respondent. The said submission is hereby recorded.
3. Heard both sides.
4. This petition is allowed and the delay is condoned on payment of cost of Rs.500/- (Rupees Five Hundred only) to Rojavanam, Home for Old Aged, Melur Road, Uthangudi, Ulaganeri, Madurai - 625 107, within a period of two weeks from today, failing which this petition shall stand dismissed automatically without any further reference to this Court.
5. If the aforesaid condition is complied with within the time stipulated, and if the papers are in order, Registry is directed to number the appeal and post the same for admission. sd/- 31/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SUB-ORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PATTUKOTTAI.
COPY TO THE OFFICER INCHARGE, ROJAVANAM, HOME FOR OLD AGED, MELUR ROAD,UTHANGUDI, MADURAI-625 107.
THE SUB-ASSISTANT REGISTRAR, AE SECITON, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
PS/PN/SAR-2/23/10/2018/2P/4C
ORDER
IN CMP(MD) No.7839 of 2018 IN CMA(MD) No.SR2592 of 2018 Date :31/10/2018 https://hcservices.ecourts.gov.in/hcservices/