The Branch Manager v. R.Jeyakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the First day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in CMA(MD) SR.No.55048 of 2024 THE BRANCH MANAGER M/S.ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, AA TOWERS, PLOT NO.5, BY -PASS ROAD, S.S.COLONY, MADURAI - 625 010.

... APPELLANT/PETITIONER Vs 1 R.JEYAKUMAR 2 J.REVATHI 3 M.ARJUNAN ... 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 243 days in filing the above CMA against the order passed in MCOP.No.173 of 2020 on the file of the Honourable District and Sessions Court / Motor Accident Claims Tribunal, Madurai dated 10-08-2023.

Prayer in CMA(MD) SR.No.55048 of 2024 :

To set aside the order dated 10.08.2023 made in M.C.O.P.No.173 of 2020 on the file of the Hon'ble District and Sessions Court / Motor Accident Claims Tribunal, Madurai by allowing the above Civil Miscellaneous Appeal. 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 1/3

V.MUTHU KAMATCHI, Advocate for the petitioner and of MR.R.GOWRI SHANKAR, Advocate on behalf of the Respondent Nos.1 & 2 and none appeared either in person or by an advocate on behalf of the 3rd Respondent, the court made the following order:- This petition is filed to condone the delay of 243 days in filing the appeal. 2.The 3rd respondent remained exparte before the Tribunal. Hence, further notice to the 3rd respondent is dispensed with. 3.Heard the learned counsel for the petitioner and the learned counsel for the respondents 1 and 2.

4.This petition is allowed and the delay of 243 days in filing the appeal is condoned on condition that the petitioner shall pay a cost of Rs.500/- (Rupees Five Hundred Only) to the credit of the District Siddha Medical Officer CCRI PKM,A/c No 10767823177,IFSC Code: SBIN0000898, MICR CODE: 625002601, Branch: SBI Periyakulam within a period of two weeks from the date of receipt of a copy of this order.

5.On production of proof for payment, the Registry is directed to number the appeal and post the appeal for admission.

sd/- 01/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE DISTRICT AND SESSIONS JUDGE / MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

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.

3 THE OFFICER INCHARGE, DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PKM, PERIYAKULAM, THENI.

ORDER

IN in CMA(MD) SR.No.55048 of 2024 Date :01/10/2024 RS/MMS/SAR-(10.10.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3