Madras High CourtCMP(MD)/7557/2019ordered

Muniammal, v. K.Ranith,

2021-02-09Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.7557 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7557 of 2019 IN CMA(MD) SR.No.58846 of 2019 MUNIAMMAL ... PETITIONER/APPELLANT Vs 1 K.RANITH 2 THE NEW INDIA ASSURANCE COMPANY LIMITED., REP.BY ITS DIVISIONAL MANAGER, P.P.K.COMPLEX 1ST FLOOR, D.NO.3458/2, 3549.1.2, SOUTH MAIN STREET, PUDUKKOTTAI-622 081.

3 UMADEVI 4 THE NATIONAL INSURANCE COMPANY LTD., REP.BY ITS DIVISIONAL MANAGER, D.NO.1670, CAUVERY COMPLEX, TRICHY ROAD, RAMANATHAPRUAM, COIMBATORE. ... 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 247 days in filing the above Civil Miscellaneous Appeal against judgment and decree in MCOP No.31 of 2015 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court) Dindigul, dated 06.09.2018. PRAYER IN CMA(MD) SR No.58846 of 2019:

To allow this appeal and enhance the award amount in M.C.O.P.No.31 of 2015 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court), Dindigul, dated 06.09.2018.

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.A.SARAVANAN, Advocate for the petitioner and of Mr.J.S.MURALI, Advocate on behalf of the Respondents 2 and 4, the Court made the following order:- This petition has been filed by the petitioner seeking to https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7557 of 2019 condone the delay of 247 days in filing 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.1,500/- (Rupees one thousand and five hundred only) to the Legal Aid Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which the 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".

sd/- 09/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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

COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.7557 of 2019 IN CMA(MD) SR.No.58846 of 2019 Date :09/02/2021 MSA PK/SMA/SAR-III/12.02.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2