Madras High CourtCMP(MD)/7043/2019ordered

The Branch Manager v. Mariammal

2019-08-14Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.7043 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fourteenth day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7043 of 2019 IN CMA(MD)No.SR35022 of 2018 THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD., 5-A, SUB COLLECTOR OFFICE ROAD, OPPOSITE TO DISTRICT COURT, DINDIGUL-624 001. ... PETITIONER/APPELLANT Vs 1 MARIAMMAL 2 MINOR SUVEDHA 3 MINOR SANJAY 4 MINOR MURGALAKSHMI 5 MUTHU THEVAR 6 PONNUTHAI (Minors 2 to 4 rep.through their mother and next friend Mariammal, the 1st Respondent herein) 7 M/S.THIRUPPATHI VENKATACHALAPATHY LORRY SERVICE, NO.285 , RAILWAY FEEDER ROAD, SATTUR-626 203 8 THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., 924-A, MAIN ROAD, CCC COMPLEX, KOVILPATTI.

9 THANGARAJ ... RESPONDENTS/RESPONDENTS 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 322 days in representing the above C.M.A(MD) SR.35022 of 2018 PRAYER in C.M.A(MD) SR.35022 of 2018:

To Set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Sub Court, Sivakasi, in MCOP No..13 of 2012 dated 22.09.2017.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7043 of 2019 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.D.SIVARAMAN, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 322 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.1500/-(Rupees one thousand and five hundred only) to the Chief Justice Relief Fund, within a period of two weeks from the date of receipt of copy of this order, failing which this petition shall stand automatically dismissed 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/- 14/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, SIVAKASI COPY TO : 1.THE SECTION OFFICER, ACCOUNTS SECTION (CHIEF JUSTICE RELIEF FUND), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.D.SIVARAMAN Advocate SR.No.13608 ORDER IN CMP(MD) No.7043 of 2019 IN CMA(MD)No.SR35022 of 2018 Date :14/08/2019 GCG PK/PN/SAR-4/22.08.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2