Madras High CourtCMP(MD)/6761/2019ordered

Palaniappan v. Theivarayan

2019-07-31Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirty First day of July Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6761 of 2019 in CMA(MD)No.SR51664 of 2018 PALANIAPPAN REPRESENTED THOUGH THEIR GUARDIAN/WIFE KUMUTHAM ... APPELLANT/CLAIMANT Vs 1 THEIVARAYAN 2 THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY, 480, SEKKALAI ROAD, KARAIKUDI NAGAR, SIVAGANGAI DISTRICT ... RESPONDENTS/RESPONDENTS (Since the 1st Respondent set Ex-parte before the Tribunal and hence, notice may be dispensed with) 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 203 days in representing the CMA(MD) SR.No.51664 of 2018 and thus render justice.

PRAYER in CMA(MD)No.SR51664 of 2018:

To call for the records relating to the Judgment and Award dated 02.03.2018 made in M.C.O.P.No.175 of 2014 on the file of the Motor Accident Claims Tribunal/ Subordinate Court, Devakottai and enhance the compensation and allow the civil Miscellaneous appeal and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.J.ANANDKUMAR, Advocate for the petitioner, the court made the following order:

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

This petition has been filed by the petitioner seeking to

condone the delay of 203 days in representing the above Civil Miscellaneous Appeal.

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.1,000/- (Rupees one thousand 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 appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 31/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DEVAKOTTAI.

COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO : THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.6761 of 2019 in CMA(MD)No.SR51664 of 2018 Date :31/07/2019 SMN PK/JC/SAR-1/05.08.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/