National Insurance Co.Ltd v. Panchavarnam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twentieth day of December Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.8978 of 2018 IN CMA(MD) No.SR38289 of 2018 NATIONAL INSURANCE CO.LTD II ND FLOOR, MARUTI BUSINESS HUB, 169, ANNA SALAI, CHENNAI, REP.BY ITS MANAGER ... PETITIONER/APPELLANT Vs 1.PANCHAVARNAM 2 SANGEETHA 3 JEEVAN BASKARAN ...RESPONDENTS 1 TO 3/PETITIONERS 4 RAGUNATHAN ... 4TH 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 224 days in preferring the above Civil Miscellaneous Appeal against the order dated 22.09.2017, made by the Motor Accident Claims Tribunal cum Additional Districts & Sessions Judge, Theni at Periyakulam in M.C.O.P.No.44/2016 and thus render justice.
PRAYER IN CMA(MD) No.SR38289 of 2018:- To set aside the Judgment and decree passed by the Motor Accident Claims Tribunal cum Additional District & Sessions Judge, Theni at Periyakulam, made in M.C.O.P.No.44/2016 dated 22.09.2017 and allow this appeal.
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 and of Mrs.J.BALAMEENAKSHI, on behalf of the Respondents 1 to 3, the court made the following order:- This petition has been filed to condone the delay of 224 days in filing the above Civil Miscellaneous Appeal in C.M.A.(MD) No.SR38289 of 2018.
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2. Having satisfied with the reasons stated in the affidavit filed in support of the petition and also considering the length of delay as well as the no objection shown by the other side, this Court is inclined to condone the delay, subject to the payment of cost of Rs.1000/- (Rupees One Thousand only) to "Chief Justice Relief Fund", within a period of one week 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.
sd/- 20/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THENI.
COPY TO:- THE SECTION OFFICER ACCOUNTS SECTION, (CHIEF JUSTICE RELIEF FUND), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN CMP(MD) No.8978 of 2018 IN CMA(MD) No.SR38289 of 2018 Date :20/12/2018 AE/PN/SAR3/02.01.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/