The Branch Manager v. Maheswari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirtieth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CMA(MD)SR.No.41277 of 2024 THE BRANCH MANAGER ROYAL SUNDARAM GENERAL INSURANCE CO LIMITED, RAMANI KRISHNA MARVEL 1ST INSURANCE CO LTD, NEW NO.137, DB ROAD, RS PURAM, COIMBATORE, REP.BY ITS AUTHORIZED SIGNATORY ... PETITIONER/APPELLANT Vs 1 MAHESWARI 2 RAJASUDHA 3 C.SENTHIVEL 4 M.SOMASUNDARAM 5 K.LAKSHMI 6 R.KARUPPUSAMY ... 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 116 days in filing the present civil miscellaneous appeal against the fair and decreetal order dated 12-07-2023 made in M.C.O.P.No.384 of 2019 on the file of the Motor Accident Claim Tribunal (Additional District Judge), Karur and thus render justice.

PRAYER IN CMA(MD)SR.No.41277 of 2024:

Pleased to set aside against the fair and decreetal order dated 12.07.2023 made 1/3

in MCOP.No.384 of 2019 on the file of the Motor Accident Claim Tribunal(Additional District Judge), Karur and allow this appeal as prayed for and thus render justice. 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 Mr.M.E.ILANGO, Advocate for the petitioner and of Mr.M.RAJAGURU, Advocate on behalf of the Respondents No.1 & 2 and Mr.S.GOKULRAJ, Advocate for the 5th Respondent, the court made the following order:- This petition is filed to condone the delay of 116 days in filing the appeal.

2. Heard the learned counsel for the petitioner/appellant.

3. Though the reasons stated in the affidavit filed in support of this petition is not satisfied, in order to give an opportunity to the appellant, this Civil Miscellaneous Petition is ordered on condition that the petitioner/ appellant/ Insurance Company shall pay the cost of Rs.5,000/- to the respondents on or before 02.09.2024.

4. Affidavit of payment of cost ought to be filed on or before 03.09.2024.

5. List on 04.09.2024.

sd/- 30/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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PJL TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIM TRIBUNAL, KARUR.

+1 CC to M/s.M.E.ILANGO, Advocate ( SR-8161[I] dated 19/07/2024 )

ORDER

IN in CMA(MD)SR.No.41277 of 2024 Date :30/08/2024 SA/VR/SAR. /03.09.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3