Madras High CourtCMP(MD)/8667/2022allowed on condition

M/S.National Insurance Co. Ltd., v. Baskaran

2022-11-22Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.8667 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.8667 of 2022 IN CMA(MD) No.172 of 2014 M/S.NATIONAL INSURANCE CO. LTD.,, THROUGH ITS BRANCH MANAGER, NO.182/22/L S.N HIGH ROAD, TIRUNELVELI.

... PETITIONER/APPELLANT Vs 1 BASKARAN 2 CHITHRA(DIED) 3 PITCHANDI 4 MANOHARAN ... RESPONDENT/PROPOSED PARTY 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 2445 days in filing petition to set aside Abatement against respondent no.2 in the appeal. PRAYER IN CMA(MD).172/2014:

This Civil Miscellaneous Appeal is filed aggrieved by the Judgment and Decree dated 05.09.2013 passed in M.C.O.P.No.481 of 2011 on the file of Motor Accident Claims Tribunal/Principal District Court, Tirunelveli.

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 M/S.P.MALINI, Advocate for the petitioner, the court made the following order:- On the side of the petitioner it is stated that due to bifurcation of original office from Coimbatore to Madurai, the bundle was misplaced and could not be traced out. Hence, the delay of 2445 days in taking steps for deceased R2 has occurred. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.8667 of 2022 2.The reasons stated in the petition are not satisfactory. But to give an opportunity to the petitioner to put forth his case, this petition is allowed on payment of Rs.2,000/- (Rupees Two Thousand only) to the Siddha unit attached to this Bench, on or before 30.11.2022.

3.Call on 01.12.2022.

sd/- 22/11/2022 / TRUE COPY / 22/11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI COPY TO:

THE MEDICAL OFFICER, SIDDHA UNIT MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.8667 of 2022 IN CMA(MD) No.172 of 2014 Date :22/11/2022 vsd SA/SSS/SAR.3/25.11.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2