United India Insurance Co Ltd v. Muthukumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in CMA(MD) SR No.39977 of 2024 UNITED INDIA INSURANCE CO LTD THROUGH ITS BRANCH MANAGER, OFFICE AT 42 SNS COMPLEX, SOUTH MASI STREET, MADURAI ... Petitioner / Appellant Vs 1 MUTHUKUMAR 2 BOOMINATHAN ... Respondents / Respondents (Respondent No.2 stood Ex-party before the Tribunal) Civil Miscellaneous 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 76 days in preferring the above CMA before this Hon`ble Tribunal.

Prayer in CMA(MD) SR No.39977 of 2024:

To set aside the award dated 12.10.2023 made in M.C.O.P. No.147/2020 on the 1/4

file of the learned Motor Accident Claims Tribunal, (IV Additional Sub Judge, Madurai) and allow the above civil miscellaneous appeal. ORDER : This civil miscellaneous 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 M/s.A.SHAJAHAN, Advocate for the petitioner and of not appeared for Respondent No.1 in person or through by an Advocate, the Court made the following order:- This Petition is filed to condone the delay of 76 days in preferring the above Civil Miscellaneous Appeal.

2.Heard the learned counsel for the Petitioner and perused the materials placed before this Court. There is no representation on behalf of the first respondent and the second respondent remained exparte before the Tribunal. 3.Accepting the reasons stated in the accompanying affidavit filed in support of this Petition, this Petition is allowed on condition that the Petitioner/appellant pay a sum of Rs.500/-(Rupees five hundred only) towards costs to the credit of Siddha Clinic, Madurai Bench of Madras High Court, Madurai, A/c.No.6865578213, Indian Bank, Madurai Bench of Madras High Court, Madurai, 2/4

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 dismissed without further reference to this Court.

sd/- 15/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSN To The IV Additional Subordinate Judge, Motor Accident Claims Tribunal, Madurai.

Copy to:

1.The Registrar (Administration), Madurai Bench of Madras High Court, Madurai.

2.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

3.The Officer Incharge, Siddha Clinic, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN in CMA(MD) SR No.39977 of 2024 Date :15/11/2024 ED/ VR /SAR- (02/12/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4