Madras High CourtCMP(MD)/10586/2019allowed

Iffco Tokyo Generalinsurance v. Ganapathy(Died), Rep By Lrs, Murugan

2021-03-04Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CMP(MD) No.10586 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) Nos.10586, 10588 and 10591 of 2019 IN CMA(MD) No.350 of 2018 IFFCO TOKYO GENERALINSURANCE COMPANY LTD., NO.28, 195, 1ST AND 2ND FLOOR, NORTH USMAN ROAD, T.NAGAR, CHENNAI 600 017. ... PETITIONER/APPELLANT IN ALL THE PETITIONS Vs 1 GANAPATHY(DIED) REP BY LRS, 2 MURUGAN ... RESPONDENT/RESPONDENT IN ALL THE PETITIONS 3 RAJAMMAL 4 AZHAGARSAMY 5 BAGYARAJ 6 VALARMATHI ... RESPONDENTS/PROPOSED RESPONDENTS 3-6 IN ALL THE PETITIONS PRAYER IN CMP(MD)No.10586 of 2019:

To condone the delay of 2070 days in seeking to set aside the abatement caused by the death of the deceased 1st respondent in CMA.No.350 of 2018 on the file of this Honourable Court PRAYER IN CMP(MD)No.10588 of 2019:

To set aside the abatement caused by the death of the deceased 1st respondent in CMA(MD)No.350 of 2018 on the file of this Hon'ble Court.

PRAYER IN CMP(MD)No.10591 of 2019:

To bring the respondents 3 to 6 herein as the legal representatives of the deceased 1st respondent in the above appeal and record them as respondents 3 to 6 in CMA No.350 of 2018 on the file of this Hon'ble Court.

PRAYER IN CMA(MD)No.350 of 2018:

To set aside the fair and decreetal order dated 05.11.2013 made in MCOP No.544 of 2007 on the file of Motor Accident Claims https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.10586 of 2019 Tribunal, (Additional Sub Judge), Dindigul and allow this Civil Miscellaneous Appeal.

ORDER :These petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.SRINIVASA RAGHAVAN, Advocate for the petitioner in all the petitions and of Mr.K.GOKUL, Advocate on behalf of the 2nd Respondent in all the petitions, the Court made the following order:- These Civil Miscellaneous Petitions have been filed to condone the delay of 2070 days in seeking to set aside the abatement caused by the death of the 1st respondent namely Ganapathy, to set aside the abatement caused due to the death of the 1st respondent and to bring on record the legal-heirs of the deceased 1st respondent as respondents 3 to 6 in the main case.

2.Heard both sides. The learned counsel appearing for the respondents has no strong objection for allowing these petitions. 3.Being satisfied with the reasons stated in the affidavit filed in support of these petitions and in the interest of justice, these petitions are allowed on payment of Rs.3,000/- [Rupees Three thousand only] to the Chief Justice Relief Fund, within a period of two weeks from the date of receipt of a copy of this order, failing which these petitions shall stand dismissed automatically without further reference to this court.

sd/- 04/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL.

COPY TO : THE SECTION OFFICER, ACCOUNTS SECTION, (CHIEF JUSTICE RELIEF FUND), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN IN CMP(MD) Nos.10586, 10588 and 10591 of 2019 IN CMA(MD) No.350 of 2018 Date :04/03/2021 ER PK/JC/SAR-II/16.03.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2