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Madras High CourtCMP(MD)/6572/2020ordered

Shri Ram General v. Tamim Ansari

2022-12-13Honourable Mrs Justice N. Mala2 pages

CMP(MD) No.6572 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirteenth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice N.MALA CMP(MD) No.6572 of 2020 in CMA(MD) SR.No.47087 of 2020 SHRI RAM GENERAL INSURANCE COMPANY LIMITED, THROUGH ITS MANAGER, 1ST FLOOR, PLOT NO. 5, RAMACHANDRAN NAGAR, SARAVANAN NAGAR, SEEVARAM, PERUNGUDI, CHENNAI, CHENNAI COURTILAKA.

... PETITIONER/APPELLANT Vs 1 TAMIM ANSARI 2 MURUGANATHAM 3 NATIONAL INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANAGER, D.NO.19/B, S.R.COMPLEX, RAJAMANI THOTTAM, NO.47, BAVANI MAIN ROAD, SANGAGIRI COURTILAKA, SALEM TALUK AND DISTRICT.

4 JEYARAJ CARS, CHEVERLET SHOW ROOM, THROUGH ITS MANAGER, NO.15, PATUKOTTAI ROAD, TANJORE TOWN, TANJORE TALUK AND DISTRICT, TANJORE COURTILAKA.

... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order to condone the delay of 395 days in preferring appeal as against the judgment and decree dt 18.07.2019 passed in MCOP No. 18 of 2017 on the file of the Motr Accident Claims Tribunal Judge / III Additional District Sessions Judge of Tanjore at Pattukkottai and take the appeal into file. Prayer in CMA(MD)SR.No.47087/2020 :

To set aside the judgment and decree dated 18.07.2019 passed in MCOP No.18 of 2017 on the file of the Motor Accident Claims Tribunal Judge/III Additional District Sessions Judge of Tanjore at Pattukottai by allowing this appeal.

https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.6572 of 2020 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 M/S.V.SAKTHIVEL, Advocate for the petitioner and of MR.J.S.MURALI, Advocate on behalf of the 3rd Respondent and none appeared either in person or by an advocate on behalf of the Respondent Nos.1 & 4, the court made the following order:- The appellant/Insurance Company has filed this application to condone the delay of 395 days in preferring the appeal. 2.Notice was served to the respondents 1,3 & 4 and for the second respondent, notice was returned with an endorsement "Gone to abroad".

3.The learned counsel for the petitioner submits that the second respondent is the insured and the third respondent is the insurer and therefore, the third respondent insurer is present and the application may be considered.

4.This petition is ordered on condition that the petitioner/Insurance Company pays a sum of Rs.2,000/- (Rupees Two Thousand only) to the Women Lawyer's Association, Madurai Bench of Madras High Court, Madurai within a week.

5.Memo of compliance to be filed on or before 19.12.2022. 6.Post the matter on 19.12.2022.

sd/- 13/12/2022 / TRUE COPY / 16/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMSTRIBUNAL JUDGE, III ADDITIONAL DISTRICT SESSIONS JUDGE, THANJAVUR AT PATTUKOTTAI.

COPY TO THE OFFICER INCHARGE, WOMEN LAWYER'S ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.6572 of 2020 in CMA(MD) SR.No.47087 of 2020 am Date :13/12/2022 RS/VR/SAR.1(16.12.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2