Rajalakshmi v. Vinayakamurthy

CMP(MD) No.9156 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.9156 of 2016 IN C.M.A(MD)SR.No.8782 of 2016 1 RAJALAKSHMI 2 SUNDARAVALLI 3 KALYANASUNDARAM ... PETITIONERS/ APPELLANTS Vs 1 VINAYAKAMURTHY 2 SRIRAM GENERAL INSURANCE CO.LTD., NO.E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN - 302 022.

... 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 460 days in filing the above civil miscellaneous appeal before this Honourable Court. PRAYER IN C.M.A(MD)SR.No.8782 of 2016:

To enhance the compensation awarded from Rs.3,17,072/- to Rs.5,17,072/- in M.C.O.P.No.218 of 2013 dated 21.08.2014 on the file of the Motor Accident Claims Tribunal cum Principal Sub Court, Kumbakonam.

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.K.M.KARUNAKARAN, Advocate for the petitioners and of Mr.V.SAKTHIVEL, Advocate for the 2nd respondent and 1st respondent not appeared either in person or by an advocate, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 460 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.9156 of 2016 of cost of Rs.2,000/- (Rupees Three Thousand only), to the Legal Aid 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.

4.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/- 08/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL SUBORDINATE JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KUMBAKONAM.

COPY To:

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

ORDER

IN CMP(MD) No.9156 of 2016 in C.M.A(MD)SR.No.8782 of 2016 Date :08/02/2021 GNS MS/VR/SAR-3/12.02.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2