Madras High CourtCMP(MD)/7301/2020ordered

Selvam, v. Senthilkumar,

2021-01-04Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.7301 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7301 of 2020 in C.M.A(MD)SR.No.20142 of 2018 1 SELVAM 2 MINOR. RAMYA 3 MINOR. INDUMATHI 4 MINOR. SELVA ... PETITIONERS/APPELLANTS (MINOR PETITIONERS THROUGH THEIR FATHER AND NEXT GUARDIAN 1st PETITIONER HEREIN) Vs 1 SENTHILKUMAR 2 UNITED INDIA INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, NO.560 X, KANDAN COMPLEX 2nd FLOOR, OPP. TO NEW BUS STAND, VALLIYOOR. ... RESPONDENTS/RESPONDENTS 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 596 days in representing the above Civil Miscellaneous Appeal in C.M.A.SR.(MD).No.20142 of 2018. Prayer in C.M.A(MD)SR.No.20142 of 2018:

To allow this appeal and enhance the award amount in M.C.O.P.No.913 of 2015 on the file of the Motor Accident Claims Tribunal, (Special Sub Court) Tirunelveli, dated 20.02.2017. ORDER : This 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 Mr.T.SELVAKUMARAN, Advocate for the petitioners, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 596 days in representing the above Civil Miscellaneous Appeal.

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CMP(MD) No.7301 of 2020

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.1000/- (Rupees One Thousand only), to the Legal Aid Service Authority, attached to this Bench, 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.

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/- 04/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

COPY TO:

THE AUTHORISED OFFICER, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.T.SELVAKUMARAN, Advocate SR.No.76

ORDER

IN CMP(MD) No.7301 of 2020 in C.M.A(MD)SR.No.20142 of 2018 Date :04/01/2021 pkn JM/VR/SAR III/06.01.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2