United India Insurance Company Ltd v. Lusal(Died),Raju (Died),. 1.Rejula
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Second day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in CMA(MD) SR.No.52805 of 2024 1 UNITED INDIA INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, NO.1/45-B-6, 2ND FLOOR, JPC BUILDING, COLACHEL ROAD, MONDAY MARKET, KANYAKUMARI DISTRICT.
2 UNITED INDIA INSURANCE COMPANY LTD., THROUGH ITS DIVISIONAL MANAGER, 2ND FLOOR, XAVIER BUILDING, ASSISI CAMPUS, PWD OFFICE ROAD, NAGERCOIL.
... PETITIONERS/APPELLANTS Vs LYSAL (DIED) ... DIED RAJU (DIED) ... DIED 1 REJULA 2 SARAVANAN, 1/3
3 JEGAN, 4 SIVAKUMAR 5 DARWIN MATHEW SAHAYAM ... RESPONDENTS/RESPONDENTS Civil Miscellaneous 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 547 days in filing the Appeal against the Judgment and Decree dated 21.09.2022 passed in MCOp NO.1062/2017 on the file of Motor Accidents Claims Tribunal(The 1st Additional District court, Tirunelveli) to decide the Appeal on merits.
Prayer in CMA(MD) SR.No.52805 of 2024 :
To set aside the Judgment and Decree dated 21.09.2022 passed in MCOP No.1062/2017 on the file of Motor Accidents Claims Tribunal (The 1st Additional District Court, Tirunelveli).
ORDER : This Civil Miscellaneous 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.C.KARTHIK, Advocate for the petitioner and of MR.P.SAMUEL GUNASINGH, Advocate on behalf of the 1st Respondent, the court made the following order:- This petition is filed to condone the delay of 547 days in filing the appeal. 2.Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent.
3.This petition is allowed and the delay of 547 days in filing the appeal is condoned on condition that the petitioner shall pay a cost of Rs.1,000/- to the 1st respondent within a period of one week from today. 4.On production of proof for payment, Registry is directed to number the 2/3
appeal if it is otherwise in order and post the appeal for admission on 14.09.2024. sd/- 02/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL / I ADDITIONAL DISTRICT JUDGE, TIRUNELVELI.
COPY TO 1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN in CMA(MD) SR.No.52805 of 2024 Date :02/09/2024 RS/SG/SAR-(09.09.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3