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Madras High CourtCMP(MD)/11454/2018allowed

The Branch Manager, v. Kavitha, W/O.Late Selvapitchai

2018-11-26Honourable Mr Justice S.S. Sundar,Honourable Mr Justice C. Saravanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Sixth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR and The Hon`ble Mr.Justice C.SARAVANAN CMP(MD) No.11454 of 2018 IN CMA(MD) No.SR13767 of 2018 THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., MANO COMPLEX, KUMARAIAH KOVIL OPPOSITE, RAMANATHAPURAM.

... PETITIONER/ APPELLANT Vs 1 KAVITHA 2 MINOR NITHISH 3 MINOR VIKASH 4 PAULTHAI 5 RAMAIAH ... RESPONDENTS/ RESPONDENTS (THE MINOR RESPONDENTS 2 & 3 ARE REP. BY THEIR MOTHER AND NATURAL GUARDIAN 1st RESPONDENT, HENCE, NOTICE IS NOT NECESSAERY TO RESPONDENT 2 & 3) 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 221 days in representing the above Civil Miscellaneous Appeal 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.SR13767 of 2018:

To set aside the judgment and decree dated 01.09.2017 passed in MCOP No.102 of 2015 on the file of the Hon`ble Motor Accidents Claims Tribunal, (Additional District Judge), Ramanathapuram. 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.G.PRABHU RAJADURAI, Advocate for the petitioner, the court made the following order:- Though the petitioner has given some reasons to condone the delay of 221 days in re-presenting the above appeal, the delay could have been avoided. Therefore, this Court is inclined to allow this petition on terms.

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2. This petition is allowed on condition that the petitioner shall pay a sum of Rs.2000/-(Rupees two thousand only) to the credit of Chief Minister's relief Fund within a period of one weeks from the date of receipt of a copy of this order.

3. On showing compliance of the condition, the Registry is directed to number the appeal.

sd/- 26/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE MOTOR ACCIDENTS CLAIMS TRIBUNAL, RAMANATHAPURAM.

COPY TO:

1 THE DISTRICT COLLECTOR,(Chief Minister's relief Fund) MADURAI DISTRICT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.G.PRABHU RAJADURAI Advocate SR.No.22112

ORDER

IN CMP(MD) No.11454 of 2018 IN CMA(MD) No.SR13767 of 2018 Date :26/11/2018 MS/PN/SAR-1/03.12.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/