M/S. National Insurance Co., v. M.Indumathi, W/O. Manikandan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Third day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11641 of 2018 IN CMA(MD) No.SR48027 of 2018 M/S.NATIONAL INSURANCE CO., LIMITED, REPRESENTED THRO ITS GENERAL MANAGER, FIRST FLOOR, D.NO.1631-1/B, SALIBHAVANI MAIN ROAD, SANGAKIRI, SALEM DISTRICT. ... PETITIONER/ APPELLANT Vs 1 M.INDUMATHI 2 MINOR.M.YOGITHA (MINOR IS REP BY HER MOTHER AND NATURAL GUARDIAN M.INDUMATHI RESPONDENT 1) 3 A.NAGAMMAL ... RESPONDENTS/ PETITIONERS 4 T.SIVAKUMAR ... RESPONDENT/ RESPONDENT NO.1 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 165 days in preferring the above Civil Miscellaneous Appeal against the order dated 16-02-2018, made by the Motor Accident Claims Tribunal cum Additional District Judge, Dindigul in M.C.O.P.No. 1039/2012 and thus render justice. PRAYER IN CMA(MD) No.SR48027 of 2018:

To set aside the Judgment and decree passed by the Motor Accident Claims Tribunal cum Additional District Judge, Dindigul, made in M.C.O.P.No. 1039/2012 dated 16.02.2018. 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.R.RAJAMANI, Advocate for the petitioner, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 165 days in filing the above Civil Miscellaneous Appeal.

https://hcservices.ecourts.gov.in/hcservices/

2. Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.500/- (Rupees five hundred only) to the Legal Services Committee, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the Civil Miscellaneous Appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 03/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL.

COPY TO:

1 THE AUTHORISED OFFICER, LEGAL SERVICES COMMITY, 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.11641 of 2018 IN CMA(MD) No.SR48027 of 2018 Date :03/06/2019 JM/VR/SAR 3/07.06.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/