B.Kasirajan v. Pandiammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty Fifth day of April Two Thousand and Twenty Five PRESENT The HONOURABLE DR. JUSTICE G.JAYACHANDRAN AND The HONOURABLE MS. JUSTICE R. POORNIMA CMP(MD). No.6592 of 2025 in CMA(MD)No.102 of 2011 B.Kasirajan ..Petitioner Vs 1 Pandiammal 2 P.Pandian 3 The Divisional Manager M/s.United India Insurance Company Limited No.7 West Veli Street Madurai - 625 001.

..Respondents Prayer in CMP(MD)No.6592 of 2025;- .

Civil Miscellaneous Petition filed under Under 41 Rule 19 and Section 151 of C.P.C.to restore the appeal which was dismissed for defalut on 09.10.2017 and thus render justice.

Prayer in CMA(MD). 102/ 2011 :

Civil Miscellaneous Appeal has been filed under Section 173 of M.V.Act against the judgment and decree passed in MCOP No.430 of 2000 dated 09.07.2009 by the learned Additional District Court (Fast Track Court - Motor Accidents Claims Tribunal), Madurai and prays to set aside

the quantum of award concerned and enhance the award amount Rs.8,33,221/- to that of Rs.41,00,000/- as original claim in the above MCOP No.430 of 2000.

ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s N.Juliet Latha Advocate for the Petitioner and of Mr.I.Suthakaran for 3rd respondent,, this Court made the following order:

Subject to the order passed by this Court dated 04.04.2025, the petition to restore the appeal is allowed. We reiterate that the claimants shall not be entitled to any interest for the period between 09.10.2017 and 04.04.2025.

2. Registry is directed to restore the Appeal on file. Sd/- Assistant Registrar (CS II) // True Copy // /05/2025 Sub Assistant Registrar (CS - I/ II / III /IV) TO The Additional District Court (Fast Track Court - Motor Accidents Claims Tribunal), Madurai Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai

ORDER DATED : 25/04/2025 =======================

ORDER

======================== CMP(MD). No.6592 of 2025 in CMA(MD)No.102 of 2011 Giving direction and etc.

as stated within.

KR/05.05.2025 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023