Madras High CourtCMP(MD)/5599/2018allowed on condition

M.Jhana Prakash@Gnana Prakasam v. C.Maheswaran

2022-06-30Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.5599 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirtieth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.5599 of 2018 IN CMA(MD) No.SR9977 of 2017 M.JHANA PRAKASH @ GNANA PRAKASAM ... PETITIONER/ PETITIONER / APPELLANT / CLAIMANT Vs 1 C.MAHESWARAN 2 THE BRANCH MANAGER THE ORIENTAL INSURANCE CO LTD, SHOBA TSM COMPLEX, OPP TOWN RAILWAY STATION ROAD, PALAKAD.

3 S.GNANA SUDHAKAR 4 SHRI RAM GENERAL INSURANCE CO LTD, E-8, EPIP, RIICO, INDUSTRIAL AREA, SITAPURA, RAJASTHAN 302 022.

... RESPONDENTS / RESPONDENTS/ 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 263 days in C.M.P.SR.(MD) No.24757 of 2018 in C.M.P(MD) No.2267 of 2017 in C.M.A.(MD) SR.No.9977 of 2017. CMA(MD) No.SR9977 of 2017:

To call for the records and set aside the Fair and Decreetal order dated 12.09.2013 passed in M.A.C.P.No:241/2012 on the file of the Motor Accident Claims Tribunal / II-Additional District Judge, Tuticorin in fixation of liability is concern and consequently remand back to the tribunal for afresh adjudication. 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.RM.ARUN SWAMINATHAN, Advocate for the petitioner and of MR.S.MUTHUMALAI RAJA, Advocate on behalf of the 1st Respondent and None appeared either in person or by an advocate for the 3rd respondent, the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.5599 of 2018 Heard both sides.

Reasons stated are not satisfactory. To give an opportunity to the petitioner to putforth his case, a chance to be granted. In view of the same, this petition is allowed on condition of payment of Rs.250/- to the Siddha Hospital, Attached to this court, on or before 08.07.2022.

Call on 11/07/2022 "for reporting compliance". sd/- 30/06/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE II-ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL TUTICORIN.

COPY TO:

THE OFFICER INCHARGE, SIDDHA HOSPITAL, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.5599 of 2018 IN CMA(MD) No.SR9977 of 2017 Date :30/06/2022 ls MK/VR/SAR.IV/06.07.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2