Raj Bahadur Pandian v. The New India Assurance

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirtieth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY IN CROS.OBJ(MD) No.SR20065 of 2016 1 RAJ BAHADUR PANDIAN 2 SANTHANAMMAL ... Petitioners / Cross Objectors / Respondents 1 & 2 Vs THE NEW INDIA ASSURANCE COMPANY LIMITED, NO.674, PERIYAKULAM MAIN ROAD, THENI - 625 531.

... 1st Respondent / 1st Respondent / Appellant 2 FATHUMA BUS SERVICE CUMBUM ROAD, THENI - 625 531.

... 2nd Respondent / 2nd Respondent / 3rd Respondent 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 755 days in representing the Cross Objection being Sr.No.20065 of 2016 against the Civil Miscellaneous Appeal No.51 of 2016 preferred the Appellant.

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Prayer in Cross Objections (MD) SR No.20065 of 2016: To set aside the award passed by the Motor Accident Claims Tribunal, Subordinate Judge, Uthamapalayam in M.C.O.P. No.51 of 2013 dated 03.06.2015 and enhance the award amount in the interest of justice. Prayer in CMA(MD) No.51 of 2016:

To aside the judgment and decree of the Claims Tribunal in MCOP No.51 of 2013, dated 03.06.2015 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Uthamapalayam and allow the appeal with costs. 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.G.MANNAR MANNAN, Advocate for the petitioners, the Court made the following order:- This Petition is filed to condone the delay of 755 days in filing the Cross Objection before this Court.

2. Heard. Perused the materials available on record.

3. I have perused the affidavit filed in support of the petition. Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost.

4. This petition is allowed on condition that the petitioners shall pay the cost of Rs.1,000/- (Rupees Thousand only) to the credit of District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State Bank of India, Periyakulam Branch), within a Six weeks from the date of receipt of a copy of the Order.

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5. On such payment being made, Registry is directed to number the Cross Objection and post the matter after Six weeks. sd/- 30/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA To The Subordinate Judge, Motor Accident Claims Tribunal, Uthamapalayam.

Copy to:

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

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

ORDER

IN IN CROS.OBJ(MD) No.SR20065 of 2016 Date :30/04/2024 3/4

ED/ JGB /SAR- (10/05/2024) 4P / 4 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4