P.Thiyagaraj v. D.Mariyappan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourteenth day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice R. KALAIMATHI in CMA(MD) SR No.40435 of 2024 1 P.THIYAGARAJ 2 T.MADHAVI ... Petitioners / Appellants / Petitioners Vs 1 D.MARIYAPPAN 2 BRANCH MANAGER, CHOLAMANDALAM MS, GENERAL INSURANCE COMPANY LIMITED, DOOR NO.10, 1ST FLOOR, THIRUVANANDHAPURAM ROAD, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

... Respondents / 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 158 days in filing this civil miscellaneous appeal against the judgement and decree passed in M.A.C.O.P.No.361 of 2020 dated 09-10-2023 on the file of the Motor Accident Claims Tribunal (III Additional District Judge) Tirunelveli and enhance the award amount Rs/12,17,000/- and allow the appeal. Prayer in CMA(MD) SR No.40435 of 2024:

To set aside the judgment passedin M.A.C.O.P.No.361 of 2020 dated 09.10.2023 1/3

on the file of the Motor Accident Claims Tribunal (III Additional District Judge), Tirunelveli and enhance the award amount of Rs.12,17,000/- and allow the appeal. 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.AAYIRAMK.SELVAKUMAR, Advocate for the petitioners, the Court made the following order:- This petition is filed to condone the delay of 158 days in filing the above appeal in C.M.A.(MD)SR.No.40435 of 2024.

2. Heard the learned counsel for the petitioner/appellant and the second respondent. The learned counsel for the second respondent does not have serious objection in allowing this petition.

3. Being satisfied the reasons stated in the affidavit filed in support of this petition, this petition is allowed on the condition to pay costs of Rs.500/- to the High Court Legal Services Committee attached to this Bench, within a period of two weeks from to-day. Failing which, this petition shall stand dismissed without reference to this Court.

sd/- 14/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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APD To The III Additional District Judge, Motor Accident Claims Tribunal, Tirunelveli.

Copy to:

The Officer Incharge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in CMA(MD) SR No.40435 of 2024 Date :14/11/2024 ED/ GSV /SAR- (19/11/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3