M/S.United India Insurance Company Limited, v. Minor Marimuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI C.M.P.(MD) No.11861 of 2024 in C.M.A.(MD)SR.No.26790 of 2024 M/S.UNITED INDIA INSURANCE COMPANY LIMITED,, THROUGH ITS DIVISIONAL MANAGER, OFFICE AT NO.457, VICTORIA EXTENSION ROAD, TUTICORIN-628 002.

... Petitioner / Appellant Vs 1 MINOR MARIMUTHU S/O.MADASAMY, MINOR PETITIONER THROUGH HIS FATHER AND NEXT GUARDIAN MADASAMY 2 DHAMODHARAN, ... Respondents / Respondents (RESPONDENT NO.2 GIVEN UP) 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 130 days in preferring the above Civil Miscellaneous Appeal 1/4

against the order dated 05.08.2023 in MCOP No.277 of 2016, on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Tirunelveli and thus render justice.

PRAYER IN C.M.A.(MD)SR.No.26790 of 2024 To set aside the Decreetal and Executable order of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Tirunelveli made in M.C.O.P. No.277 of 2016 dated 05.08.2023 and allow the appeal with costs. 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.C.JAWAHAR RAVINDRAN, Advocate for the petitioner and of No appearance for 1st Respondent the Court made the following order:- This Petition is filed to condone the delay of 130 days in preferring the above Civil Miscellaneous Appeal as against the order made in M.C.O.P.No.277 of 2016, dated 05.08.2023, on the file of the Motor Accidents Claims Tribunal-cum-Chief Judicial Magistrate,Tirunelveli.

2.Heard the learned counsel appearing for the Petitioner and perused the materials placed before this Court.

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 the Legal 2/4

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 automatically dismissed without further reference to this Court. sd/- 18/11/2024 / 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 MOTOR ACCIDENT CLAIMS TRIBUNAL CUM CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI COPY TO THE OFFICER INCHARGE, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN C.M.P.(MD) No.11861 of 2024 in C.M.A.(MD)SR.No.26790 of 2024 Date :18/11/2024 3/4

PSP/ GSV /SAR /02.12.2024/ 4P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4