Madras High CourtCMP(MD)/10025/2019ordered

S.Chithamabaram v. N.Idris

2022-09-07Honourable Mr Justice A.A.Nakkiran2 pages

CMP(MD) No.10025 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventh day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CMP(MD) No.10025 of 2019 IN CMA(MD) No.70 of 2007 1 S.CHITAMBARAM (DIED) 2 C.KRISHNAVENI 3 C.NALINA 4 C.RAMA ... PROPOSED PETITIONERS/PETITIONERS Vs 1 N.IDRIS 2 NATIONAL INSURANCE COMPANY LTD, JEROME BUILDING 1ST FLOOR, FORT STATION ROAD, TRICHY- 620 002.

... 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 295 days in filing petition to set aside the order of dismissal as against the proposed parties/ petitioners 2 to 4 the above in C.M.A(MD) No. 70 of 2007 on the file of this Hon'ble Court.

Prayer in CMA(MD). 70/ 2007 :

To call for the records relating to the award dated on 09.03.2006 passed by the Motor Accident Claims Tribunal, III Additional Subordinate Judge, Trichy District Judgment and Decree in MCOP.2016/2001 and set aside the same, so far quantum is concern and allows the CMA and enhance the award as prayed for. 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.B.PRASANNA VINOTH, Advocate for the petitioner and of MR.A.ELANGO, Advocate on behalf of the 2nd Respondent, the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.10025 of 2019 This petition has been filed to condone the delay of 295 days in filing a petition to set aside the order of dismissal as against the proposed petitioners 2 to 4 in the above CMA(MD).No.70 of 2007.

2. The counsel for the 2nd respondent / Insurance Company has no objection to allow this petition.

3. In view of same, this petition is allowed and the delay is condoned.

sd/- 07/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE III ADDITIONAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TRICHY

ORDER

IN CMP(MD) No.10025 of 2019 IN CMA(MD) No.70 of 2007 Date :07/09/2022 trp PKP/VRS/SAR-2/13.09.2022/2P/2C https://www.mhc.tn.gov.in/judis 2/2