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Madras High CourtCMP(MD)/7597/2019ordered

National Insurance Co.Ltd., v. Prema,

2019-08-26Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.7597 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Sixth day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7597 of 2019 in C.M.A.(MD)No.SR52129 of 2018 NATIONAL INSURANCE COMPANY LTD., THANJAVUR, REP.BY ITS DIVISIONAL MANAGER.

... PETITIONER/ APPELLANT Vs 1 PREMA 2 SOUNDARYA 3 INDIRA PRIYADARSHINI 4 VIVEKANANDAN 5 TAMIL NADU STATE EXPRESS TRANSPORT CORPORATION, CHENNAI, REP.BY ITS MANAGING DIRECTOR.

... 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 223 days in re-presenting the above CMA(MD) SR.No.52129 of 2018 and thus render justice.

PRAYER IN C.M.A.(MD)No.SR52129 of 2018:

To set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Additional District Court,FTC, Kumbakonam, in MCOP No.205 of 2012 dated 07.09.2017.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.D.SIVARAMAN, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 223 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, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7597 of 2019 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/- 26/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL,FTC, KUMBAKONAM.

COPY TO:

1. THE OFFICER INCHARGE, 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.

+1. C.C. to M/S.D.SIVARAMAN Advocate SR.No.14040

ORDER

IN CMP(MD) No.7597 of 2019 in C.M.A.(MD)No.SR52129 of 2018 Date :26/08/2019 MS/VR/SAR-1/29.08.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2