Vijaya v. Avinash Sashee

CMP(MD) No.7058 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday,the Twenty Second day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7058 of 2020 in C.M.A(MD)SR.No.51057 of 2020 VIJAYA ... PETITIONER/ APPELLANT Vs 1 AVINASH SASHEE 2 BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD, THROUGH ITS BRANCH MANAGER, NO.123, PONRANJITHAM COMPLEX, MEDAVAKKAM MAIN ROAD, KEELAKATTALAI, CHENNAI-600 117.

... RESPONDENTS/ RESPONDENTS (R1 EXPARTE BEFORE THE TRIBUNAL.

HENCE NOTICE DISPENSED WITH) 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 324 days in filing the above Civil Miscellaneous Appeal in CMA(MD)SR.No.51057 of 2020. PRAYER IN C.M.A(MD)SR.No.51057 of 2020:

To allow this appeal, enhance the award amount in M.C.O.P.No.130 of 2012 on the file of the Motor Accident Claims Tribunal, (Principal District Judge), Tirunelveli dated 03.10.2018. 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.T.SELVAKUMARAN, Advocate for the petitioner and of Mr.V.SAKTHIVEL, Advocate on behalf of the 2nd Respondent, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 324 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.1,000/- (Rupees Thousand only), to the Legal Aid https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7058 of 2020 Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court. This petition is ordered, accordingly.

3.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/- 22/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

COPY TO:

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

ORDER

IN CMP(MD) No.7058 of 2020 in C.M.A(MD)SR.No.51057 of 2020 Date :22/02/2021 GNS MS/VR/SAR-4/25.02.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2