The Deputy Director v. R.Libin

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-01-2025

CORAM

THE HONOURABLE MRS JUSTICE R. KALAIMATHI IN CMA(MD) SR NO. 75199 of 2024 The Deputy Director Horticulture, No.19, Yesuvadiyan Street, Nagercoil, Agastheeswaram Taluk, Kanniyakumar District.

...Petitioners

Vs R.Libin S/o.Rasalam, Kannankarai, Yettrakodu, Veeyanoor Post, Aatoor Village, Kalkulam Taluk, Kanniyakumari District.

And 4 others

...Respondents

For Petitioner:

Mr.B.Saravanan, Additional Government Pleader For Respondent:

Mr.S.Senthilkumar, Advocate for Mr.R.Murugan, Advocate For R1 No Appearance for R2 & R3 Mr.K.Mahendra Prabu, Advocate for M/S.G.Ravishankar, Advocate For R4 M/s.A.Ilango, Advocate For R5 1/3

ORDER

This petition is filed to condone the delay of 531 days in preferring this appeal.

2. Heard the learned counsel for the petitioner/appellant and the respondents 1, 4 and 5. The learned counsel for the first respondent/claimant would submit that out of the award amount of Rs.3,09,365/-, as the liability is fixed equally upon the respondents 2 and 6/appellant and fifth respondent herein, the sixth respondent/fifth respondent herein namely, New India Assurance Company Limited has deposited 50% of the award amount and the remaining 50% of the award amount is yet to be deposited by the second respondent, who is the appellant herein.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on condition of payment of costs of Rs.1,500/- payable in favour of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai - 20 (payable in S.B.A/c.No.149710011000002, Union Bank of India, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai - 36, Branch Name and Code:1497, MICR No.600011049, IFSC Code:UBIN0814971), within a period of two weeks from the date of receipt of a copy of this order. Failing which, 2/3

this petition shall stand automatically dismissed without any further reference to this Court.

sd/- 24/01/2025 / TRUE COPY / 28/01/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

apd TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL AUTHORITY CUM THE II ADDITIONAL SUBORDINATE JUDGE, NAGERCOIL.

COPY TO THE OFFICER IN CHARGE, CANCER INSTITUTE (WIA), GANDHI NAGAR CANAL BANK ROAD, ADYAR, CHENNAI - 20 +1 CC to M/s.R.MURUGAN, Advocate ( SR-829[I] dated 24/01/2025 )

ORDER

IN IN CMA(MD) SR NO. 75199 of 2024 Date :24/01/2025 RK (28/01/2025) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3