Mariammal v. Lalitha

CMP(MD) No.6527 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighth day of February Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.6527 of 2020 in CMA(MD) SR No.41242 of 2020 MARIAMMAL ... PETITIONER/APPELLANT Vs 1 LALITHA 2 SAMUTHIRAPANDI ...RESPONDENTS 1&2/PETITIONERS 3 VEERALAKSHMI (R3 exparte before the trial court. Hence notice dispensed with) 4 THE BRANCH MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD DARE HOUSE 2nd FLOOR, N.S.C BOSE ROAD, CHENNAI-600 001. ... RESPONDENTS/RESPONDENTS 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 69 days in filing the above CMA(MD). SR.No.41242 of 2020 Prayer in CMA(MD) SR No.41242 of 2020:

Civil Miscellaneous Appeal filed may be pleased to allow this appeal, enhance the award amount in M.C.O.P No.121 of 2014 on the file of the Motor Accident Claims Tribunal (Additional Sub Court), Tenkasi, dated 18.10.2019.

ORDER : This 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.T.SELVAKUMARAN, Advocate for the petitioner and of Ms.K.R.SHIVASHANKARI, Advocate on behalf of the 4th respondent and none appeared either in person or by an Advocate on behalf of the respondents 1 to 3, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 69 days in filing the above Civil Miscellaneous Appeal.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.6527 of 2020 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 two weeks from the date of receipt of a 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 appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 08/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TENKASI.

COPY TO:

THE OFFICER INCHARGE, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.6527 of 2020 in CMA(MD) SR No.41242 of 2020 Date :08/02/2021 PKN SRS/JC/SAR-II/11.02.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2