The Branch Manager v. Minor.Jasema

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in CMA(MD) SR No.68228 of 2024 THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE-II, NO.23A, EVR ROAD, PUTHUR, TRICHY.

... Petitioner / Appellant Vs 1 MINOR.JASEMA (Represented by her next friend and natural guardian his father Abbas) 2 KAMU CHIDAMBARAM 3 RAGUPATHY 4 THE MANAGER SRI RAM GENERAL INSURANCE COMPANY LIMITED, E-8, EPIP, RIICO INDUSTRIAL AREA SITAPURA, JAIPUR, RAJASTAN.

... Respondents / Respondents 1/3

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 450 days in filing the above Civil Miscellaneous Appeal. Prayer in CMA(MD) SR No.68228 of 2024:

To set aside the judgment dated 16.02.2023 passed in M.C.O.P.No.818 of 2015 on the file of the Motor Accident Claims Tribunal (Special Sub Judge), Tiruchirappalli.

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.PRABHU RAJADURAI, Advocate for the petitioner and of Mr.RAJALINGAM, Advocate on behalf of the Respondent No.1 and of Mr.D.SIVARAMAN, Advocate on behalf of the Respondent No.4 and of not appeared for Respondent Nos.2 and 3 in person or through by an Advocate, the Court made the following order:- This Petition is filed to condone the delay of 450 days in filing the above Civil Miscellaneous Appeal.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. Mr.D.Sivaraman, learned counsel takes notice for the fourth respondent and raise strong objections to allow the Petition. 3.Accepting the reasons stated in the accompanying affidavit filed in support of this Petition, this Petition is allowed on condition that the Petitioner/appellant pay costs of Rs.500/-(Rupees five hundred only) to the credit of the High Court 2/3

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 dismissed automatically without further reference to this Court. sd/- 21/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSN To The Special Sub Judge, Motor Accident Claims Tribunal, Tiruchirappalli.

Copy to:

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

ORDER

IN in CMA(MD) SR No.68228 of 2024 Date :21/11/2024 ED/ VR /SAR- (29/11/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3