United India Insurance Company Limited v. Gurusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twelfth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in CMA(MD) SR No.55328 of 2023 UNITED INDIA INSURANCE COMPANY LIMITED, HAVING ONE OF THE REGD.OFFICER, AT DOOR NO.78, ESP COMPLEX, SOKKALAPURAM, MUKKUDAL, TIRUNELVELI DISTRICT, THROUGH ITS BRANCH MANAGER ... Petitioner / Appellant Vs 1 GURUSAMY 2 VALLI 3 ESAKKIMUTHU 4 LAKSHMI 5 MARRY 6 GRASE 7 RAJA 8 ARUNASALAM ... 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 273 days in filling the Appeal against the Fair and Decreetal order dated 30.06.2022 passed in MCOP No.129/2019 on the file of Motor 1/4

Accidents Claims Tribunal (Additional District Court (FTC) Tenkasi), to decide the Appeal on merits.

Prayer in CMA(MD) SR No.55328 of 2023:

To set aside the fair and decreetal order dated 30.06.2022 passed in MCOP No.129 of 2019 on the file of Motor Accident Claims Tribunal (Additional District Court (FTC)) Tenkasi.

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.C.RATHINAVEL PANDIAN, Advocate on behalf of the Respondent Nos.2 to 6 and of Mr.A.CHARMARAJ, Advocate on behalf of the Respondent No.7, the Court made the following order:- This petition is filed to condone the delay of 273 days in filing the above appeal in C.M.A.(MD)SR.No.55328 of 2023.

2. Since the eighth respondent remained ex parte before the Tribunal, notice to the eighth respondent is dispensed with in above C.M.P.

3. Heard the learned counsel for the petitioner/appellant and the respondents 2 to 6 and 7.

4. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the delay of 273 days in filing the above appeal in C.M.A.(MD)SR.No.55328 of 2023 is condoned on the payment of cost of Rs.500/- to Siddha Centre, Madurai, Madurai Bench of Madras High Court, Madurai, operated by the Registrar (Administration) (Account No:-6865578213, IFSC Code:- 2/4

IDIB000H040, Indian Bank, High Court Branch, Madurai), within a period of two weeks from the date of receipt of a copy of this order.

5. Registry is directed to number this appeal, if it is otherwise, in order and list the appeal for admission.

sd/- 12/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

APD To The Additional District Judge (FTC), Motor Accident Claims Tribunal, Tenkasi.

Copy to:

1.The Registrar (Administration), Madurai Bench of Madras High Court, Madurai.

2.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

3.The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai.

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4.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in CMA(MD) SR No.55328 of 2023 Date :12/09/2024 ED/ JGB /SAR- (20/09/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4