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Madras High CourtCMP(MD)/15694/2024allowed on condition

Shriram General Insurance Company Limited, v. C.Selvi

2024-11-28Honourable Mrs Justice R. Kalaimathi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Eighth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in CMA(MD) SR No.63423 of 2024 SHRIRAM GENERAL INSURANCE COMPANY LIMITED, 10003, E-8, EPIP RICCO INDUSTRIAL PART, CHITAPURA, JAIPUR, RAJASTHAN.

... Petitioner / Appellant Vs 1 C.SELVI 2 C.MALARJOTHI 3 C.VIJAYA SANGEETHA THANGAMMAL ALIAS PATTUKANI (DIED) 4 R.RAJA 5 M/S. BHARAT MARIANS COMPANY, 7, SOUTH RAJA STREET, THOOTHUKUDI.

6 UNITED INDIA INSURANCE COMPANY LIMITED, 3-E, BALA VINAYAGAR KOVIL STREET, THOOTHUKUDI.

... Respondents / Respondents 1/4

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 46 days in preferring appeal as against the award 3rd February 2024 passed in MCOP No.32 of 2016 on the file of the Motor Accident Claims Tribunal/II Additional District Judge of Thoothukudi and take the appeal into file.

Prayer in CMA(MD) SR No.63423 of 2024:

To set aside the award dated 3rd February, 2024 passed in MCOP No.32 of 2016 on the file of the Motor Accident Claims Tribunal / II Additional District Judge of Thoothukudi by allowing this appeal.

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.V.SAKTHIVEL, Advocate for the petitioner and of M/s.S.VEERA SANTHI, Advocate on behalf of the Respondent Nos.1 to 3 and of not appeared for Respondent Nos.4 and 5 in person or through by an Advocate, the Court made the following order:- This petition is filed to condone the delay of 46 days in preferring the above appeal.

2. Heard the learned counsel for the petitioner/appellant and the respondents 1 to 3. The learned counsel for the respondents 1 to 3 has got objection in allowing this petition.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on payment of costs of Rs.500/- to the High Court 2/4

Legal Services Committee attached to this Court, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stand automatically dismissed without further reference to this Court. sd/- 28/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

APD To The II Additional District Judge, Motor Accident Claims Tribunal, Thoothukudi.

Copy to:

The Officer Incharge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in CMA(MD) SR No.63423 of 2024 Date :28/11/2024 3/4

ED/ /SAR- (29/11/2024) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4