Arulraj v. Syed Hamanulla

CMP(MD) No.7788 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirtieth day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7788 of 2019 and CMA(MD)No.SR3836 of 2019 1 ARULRAJ 2 JOSMINKOTHAI @ BOONGOTHAI 3 MERCY ROSE ... PETITIONERS/APPELLANTS Vs 1 SYED HAMANULLA 2 THE NEW INDIA ASSURANCE COMPANY LTD, REP BY ITS BRANCH MANAGER, NO.79D, METTUPALAYAM ROAD, SHANMUGA THEATRE NEAR, FLOWER MARKET, COIMBATORE.

3 BALASUBRAMANIAN 4 THE NATIONAL INSURANCE COMPANY LTD, THROUGH ITS BRANCH MANAGER, 2ND FLOOR, MARUTHI COMPLEX, F215, MAIN ROAD, POST BOX NO.50, SALEM. ... 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 167 days in representing the above Civil Miscellaneous Appeal in CMA(MD) SR.No.3836 of 2019. PRAYER IN CMA(MD)No.SR3836 of 2019:

Pleased to allow this appeal and enhance the award amount in M.C.O.P.No.111 of 2016 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate Court) Tirunelveli, dated 14.06.2018.

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.T.SELVAKUMARAN, Advocate for the petitioners, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7788 of 2019 This petition has been filed by the petitioners seeking to condone the delay of 167 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.500/- (Rupees 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/- 30/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

COPY TO:

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

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

ORDER

IN CMP(MD) No.7788 of 2019 and CMA(MD)No.SR3836 of 2019 Date :30/08/2019 TK/JC/SAR.1/05.09.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2