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Madras High CourtCMP(MD)/11008/2021ordered

Penjamin Thomas, v. Murugaiyan,

2022-01-06Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMP(MD) No.11008 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixth day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMP(MD) No.11008 of 2021 in CMA(MD)SR.No.52976 of 2018 1 PENJAMIN THOMAS 2 ARULMARI ... PETITIONERS/ APPELLANTS Vs 1 MURUGAIYAN 2 THE BRANCH MANAGER, THE NEW INDIA ASSURANCE COMPANY PRIVATE LIMITED, 128A, THIRU V.K. ROAD, VILLUPURAM.

3 SEENIVASAN, 4 NATIONAL INSURANCE COMPANY LIMITED, 33, BHARATHIDHASAN ROAD, CANTONMENT,TRICHY.

... 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 delay of 1184 days in filing the Civil Miscellaneous Appeal against the fair order and judgment in M.C.O.P. No.18/2011 dated 25.03.2015 on the file of Motor Accident Claim Tribunal / the Honourable Additional District Judge and Special Judge, Pudukkottai and thus render justice.

PRAYER IN CMA(MD)SR.No.52976 of 2018:

To enhance the award amount to Rs.9,60,000/-(Rupees Nine Lakhs and Sixty Thousand only) in judgment and decree dated 25.03.2015 made in M.C.O.P.No.18 of 2011 on the file of the Motor Accident Claim Tribunal/ The Hon'ble Additional District Judge and Special Judge, Pudukkottai and thus render justice.

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.P.GANAPATHI SUBRAMANIAN, Advocate for the petitioners, the Court made the following order:- The learned counsel appearing for the petitioners submitted that by order, dated 21.12.2021, this Court directed the petitioners https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.11008 of 2021 to pay a sum of Rs.1,000/- to the Legal Aid Services Committee, attached to this bench on or before 05.01.2022. The said condition has been complied with and to prove the said fact, a cost memo has also been filed. Hence, the Civil Miscellaneous Petition is allowed. 2.Registry is directed to number the Civil Miscellaneous Appeal, if it is otherwise in order and list the matter along with CMA(MD)Nos.263 and 264 of 2016.

sd/- 06/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE AND SPECIAL JUDGE, MOTOR ACCIDENT CLAIM TRIBUNAL, PUDUKKOTTAI.

COPY TO:

THE OFFICER INCHARGE, LEGAL AID SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY)

ORDER

IN CMP(MD) No.11008 of 2021 in CMA(MD)SR.No.52976 of 2018 Date :06/01/2022 (1/3) SS/JC/SAR-II/11.01.2022 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2