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Madras High CourtCMP(MD)/7670/2019ordered

The Manager, The National Insurance Co.Ltd., v. Sulochana

2019-08-27Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Seventh day of August Two Thousand Nineteen PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.7670 of 2019 and CMA(MD)No.SR29424 of 2018 THE MANAGER, THE NATIONAL INSURANCE COMPANY LIMITED, HAVING ITS OFFICE AT :

SHALINI T.V.TOWER, MANOJIAPPA VEETHI, SOUTH MAIN STREET, THANJAVUR. ... PETITIONER/PETITIONER Vs 1 SULOCHANA 2 MINOR.MUTHU MUHILAN 3 MINOR.MUTHU MUKUNTHAN 4 MINOR.SUTHUTHIKA (R2 TO 4 REP.BY THEIR MOTHER SULOCHAN THE 1st RESPONDENT HEREIN) 5 RAJAMANI 6 RAMESH ... 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 370 days in re-presenting the above CMA(MD) SR.No.29424 of 2018 and thus render justice.

PRAYER IN CMA(MD)No.SR29424 of 2018 Pleased to set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Special District Court, Thanjavur, in MCOP.No.831 of 2017 dated 26.02.2018.

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.D.SIVARAMAN, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

This petition has been filed by the petitioner seeking to condone the delay of 370 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.1,000/- (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 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/- 27/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO The Special District Judge, Motor Accident Claims Tribunal, Special District Court, Thanjavur.

Copy To: 1.The Co-Ordinator, Legal Aid Service Authority, Madurai Bench of Madras High Court,Madurai.

2.The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s.D.SIVARAMAN, Advocate ( SR-14114[I] dated 27/08/2019)

ORDER

IN CMP(MD) No.7670 of 2019 and CMA(MD)No.SR29424 of 2018 Date :27/08/2019 msa ES/JC/SAR2/29.08.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/