United India Insurance Company v. Sivasubramaniyan,

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twelfth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.12294 of 2018 IN CMA(MD) No.SR15172 of 2018 UNITED INDIA INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANAGER, NUMBER 63-C, PALAYAMKOTTAI ROAD, (BEHIND GOVERNMENT HOSPITAL), TIRUCHENDUR.

PETITIONER/APPELLANT Vs 1.SIVASUBRAMANIYAN, 2 MINOR VIGNESH (MINOR PETITIONER THROUGH REPRESENTED HIS FATHER AND NEXT GUARDIAN 1ST PETITIONER HERIN) 3 ARUNACHALATHAMMAL, 4 SAMUEL RAJ, ... 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 52 days in filing this appeal in C.M.P.(MD) No.12294 of 2018 in C.M.A.(MD) SR.No.15172 of 2018 and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. PRAYER IN CMA(MD) No.SR15172 of 2018:- To allow this appeal and set aside the Judgment and Decree dated 22.08.2017 passed in M.C.O.P.No.1528 of 2015 on the file of the Motor Accident Claims Tribunal, Special Sub-Court, Tirunelveli.

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.A.S.MATHIALAGAN, Advocate for the petitioner and of not appeared for R1 & R3 either in person or through by an Advocate, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ This petition is filed to condone the delay of 52 days in filing this appeal in C.M.A.(MD)No.SR15172 of 2018.

2.Heard the learned Counsel for the petitioner. 3.In view of the reasons stated in the affidavit, this Court is inclined to allow this petition. Accordingly, the delay is condoned and petition is allowed on condition that the petitioner shall pay a sum of Rs.300/- to the credit of the Honourable Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai, on or before 19.02.2019, failing which, this petition shall automatically be dismissed without further reference to Court. 4.Registry is directed to number the appeal, if the papers are otherwise in order, after showing proof for payment and list the appeal on 20.02.2019 "for admission".

sd/- 12/02/2019 / 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, TIRUNELVELI.

COPY TO:

1 THE SECTION OFFICER, ACCOUNTS SECTION, 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.12294 of 2018 IN CMA(MD) No.SR15172 of 2018 Date :12/02/2019 JM/VR/SAR 2/19.02.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/