Madras High CourtCMP(MD)/7353/2019ordered

Nageswari v. Anilkumar

2019-08-26Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.7353 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Sixth day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7353 of 2019 IN CMA(MD).SR.No.20726 of 2019 NAGESWARI ... PETITIONER/APPELLANT Vs 1 ANILKUMAR 2 BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.,, THROUGH ITS BRANCH MANAGER, ANUGRAHA II FLOOR, M.G.ROAD, PAZHAVANGUDI, TRIVANDRUM-695 02..

VELAYUTHAPANDIAN, (DIED) ... RESPONDENTS/RESPONDENTS (NOTICE TO THE 1ST RESPONDENT IS GIVEN UP) 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 376 days in representing the above Civil Miscellaneous Appeal in C.M.A.(MD)SR NO.20726 of 2018 and thus render justice.

PRAYER IN CMA(MD).SR.No.20726 of 2019:

To allow this appeal and enhance the award amount in M.C.O.P.No.838 of 2014 on the file of the Motor Accident Claims Tribunal, (3rd Additional District Judge) Tirunelveli, dated 08.12.2017.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.SELVAKUMARAN, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 376 days in representing the above Civil Miscellaneous Appeal.

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CMP(MD) No.7353 of 2019 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.1,500/- (Rupees one thousand and five hundred only) to the Legal Aid Service Authority, 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/- 26/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE 3RD ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

COPY TO:- 1.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

ORDER

IN CMP(MD) No.7353 of 2019 IN CMA(MD).SR.No.20726 of 2019 Date :26/08/2019 msa AE/PN/SAR-II (29.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2