The Divisional Manager v. M.Rajkumar

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.53389 of 2024 THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD., HAVING ITS OFFICE AT NO.4-1-169, DINDIGUL ROAD, BATLAGUNDU, DINDIGUL.

... Petitioner / Appellant Vs 1 M.RAJKUMAR 2 MOORTHY ... 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 condone the delay of 243 days in filing this appeal and order to take the appeal on file.

Prayer in CMA(MD) SR No.53389 of 2024:

To allow this appeal and set aside the judgment and decree dated 31.07.2023 made in M.C.O.P. No.160 of 2020 on the file of Motor Accident Claims Tribunal - Special Sub Court, Dindigul.

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 1/3

arguments of M/s.A.S.MATHIALAGAN, Advocate for the petitioner and of not appeared for Respondent No.1 in person or through by an Advocate, the Court made the following order:- This petition is filed to condone the delay of 243 days in filing the appeal.

2. The 2nd respondent remained exparte before the Tribunal. Hence, further notice to the 2nd respondent is dispensed with. Though notice has been served on the 1st respondent, none entered appearance.

3.Heard the learned counsel for the petitioner.

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, on or before 10.10.2024.

5. On production of proof for payment, the Registry is directed to number the appeal and post the appeal for admission on 16.10.2024. 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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CM To The Special Subordinate Judge, Motor Accident Claims Tribunal, Dindigul.

Copy to:

1.The District Siddha Medical Officer, CCRI, Periyakulam.

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

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

ORDER

IN in CMA(MD) SR No.53389 of 2024 Date :01/10/2024 ED/ MMS /SAR- (07/10/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3