The Divisional Manager v. John Kennedy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty First day of December Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12214 and 12215 of 2018 IN CMA(MD) No.SR29385 and SR29836 of 2018 CMP(MD) No.12214 of 2018:
THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., FIRST FLOOR, GOPALARAO LIBRARY BUILDING, TOWN HALL ROAD, KUMBAKONAM, THANJAVUR. ... PETITIONER/APPELLANT Vs 1.JOHN KENNEDY 2.JEYASEELAN 3.THE LEGAL MANAGER, M/S.SRIRAM GENERAL INSURANCE CO.LTD., RAJASTHAN, REP.THROUGH ITS LEGAL MANAGER, SRIRAM GENERAL INSURANCE CO.LTD.
FIRST FLOOR, NO.5 RAMACHANDRAN STREET, SARAVANAN NAGAR, SEVARAM PERUNGUDI, CHENNAI 96.
4.AROCKIASAMY (RES.NO.4 GIVEN UP) ... 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 115 days representation of the above said C.M.A.SR.No.29385 of 2018 and thus render justice. PRAYER IN CMA(MD) No.SR29385 of 2018:
To set aside the order of the Tribunal of Motor Accident claims Tribunal cum Special Sub Court, Thanjavur made in M.C.O.P.No.306/2017 dated 13.02.2018 and allow the appeal with costs and render justice.
CMP(MD) No.12215 of 2018:
THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., FIRST FLOOR, GOPALARAO LIBRARY BUILDING, TOWN HALL ROAD, KUMBAKONAM, THANJAVUR. ... PETITIONER/APPELLANT Vs 1.PREETHI STEPHY 2.JEYASEELAN 3.THE LEGAL MANAGER, M/S.SRIRAM GENERAL INSURANCE CO.LTD., RAJASTHAN, REP.THROUGH ITS LEGAL MANAGER, SRIRAM GENERAL INSURANCE CO.LTD.
FIRST FLOOR, NO.5 RAMACHANDRAN STREET, SARAVANAN NAGAR, SEVARAM PERUNGUDI, CHENNAI 96.
4.AROCKIASAMY (RES.NO.4 GIVEN UP) ... RESPONDENTS/RESPONDENTS Prayer in CMP(MD). 12215/ 2018 :
pleased to condone the delay of 115 days in representation of the above said C.M.A.SR.NO.29386 of 2018 and thus render justice. PRAYER IN CMA(MD) No.SR29386 of 2018:
To set aside the order of the Tribunal of Motor Accident claims Tribunal cum Special Sub Court, Thanjavur made in M.C.O.P.No.513/2017 dated 13.02.2018 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.C.JAWAHAR RAVINDRAN, Advocate for the petitioner in both petitions, the court made the following order:- These petitions have been filed to condone the delay of 115 days in re-presenting the above civil miscellaneous appeals in C.M.A.(MD)Nos.SR29385 & SR29386 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/- 21/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL , THANJAVUR.
COPY TO:
THE SECTION OFFICER,(THE CHIEF JUSTICE RELIEF FUND) ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.12214 and 12215 of 2018 IN CMA(MD) No.SR29385 and SR29836 of 2018 Date :21/12/2018 MSI/JC/SAR-4/02.01.2019/3P/3C