Allowed

G. Mohammed Rafee v. Mr.C. Jeyaseelan(Dismissed)

Madras HC11 Oct 2017CRP(MD)/1659/2017

Case brief

AI extract

What is this about?

The Madras High Court condoned a 308-day delay in restoring a motor accident claim petition by the petitioner, originally dismissed for non-payment of Rs. 300 in costs. The court directed payment of Rs. 1,000 to the Legal Aid Services Authority.

What did the court decide?

The Civil Revision Petition is disposed of; I.A.No.735 of 2005 allowed and M.C.O.P.No.487 of 1997 restored subject to payment of Rs.1,000 to Legal Aid Services Authority.

G. Mohammed Rafee Vs Mr.C. Jeyaseelan(Dismissed) — Motor Accident Claims | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 11.10.2017

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CORAM :

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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C.R.P.(NPD)(MD)No.1659 of 2017

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G.Mohammed Rafee

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... Petitioner/Petitioner/Petitioner

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Vs.

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Mr.C.Jeyaseelan (dismissed)

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The Oriental Insurance Company Limited, through its Managing Director, D.No.29, II Floor, West Masi Street, Madurai.

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Mr.S.Saravanakumar (dismissed)

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The New India Assurance Company Limited, through its Managing Director, Madurai.

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RR1 & 3 are dismissed vide Court order dated 23.02.2017 by VMVJ and the delay is condoned against RR 2 & 4 only vide Court order dated 08.09.2017 made in M.P.(MD).No.1 of 2007 in C.R.P.(MD). SR.11710/2007 by TRNJ.

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... Respondents/Respondents/

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Respondents

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Prayer: Civil Revision Petition is filed under Section 115 of C.P.C., against the order and decreetal order dated 06.02.2006 made in I.A.No.735 of 2005 in M.C.O.P.No.487 of 1997 on the file of Additional District and Sessions Court (Fast Track Court-1) Madurai.

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For Petitioner : Mr.M.Ajmalkhan

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O R D E R

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This revision petition has been filed against the order and decreetal order dated 06.02.2006 made in I.A.No.735 of 2005 in M.C.O.P.No.487 of 1997 on the file of the Additional District and Sessions Court (Fast Track Court-1) Madurai.

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Challenging the dismissal of the claim petition in M.C.O.P.No.487 of 1997, the revision petitioner filed I.A.No.735 of https://hcservices.ecourts.gov.in/hcservices/ 2005 for restoration of the claim petition along with a petition to condone the delay of 308 days in filing the restoration petition.

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The Trial Court allowed the delay condonation petition on payment of cost of Rs.300/- to the other side on or before 03.02.2006. Since the petitioner did not pay the cost, the delay petition stood dismissed on 06.02.2006. Aggrieved by the said order, this revision petition has been filed.

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Although this Court agrees with the dismissal of the delay condonation petition for non-payment of cost of Rs.300/- only to the other side, considering the fact that the petitioner herein sustained multiple injuries all over the body in an accident which took place on 28.07.1996, for which, he filed a claim petition in M.C.O.P.No.487 of 1997 seeking compensation and having regard to the fact that merits of the matter should be looked into and it should not be thrown simply on the ground of delay especially in motor accident claims cases, this Court is inclined to condone the delay of 308 days in filing the restoration petition subject to payment of cost of Rs.1,000/-(Rupees one thousand only) by the petitioner to the Legal Aid Services Authority within a period of one week from the date of receipt of a copy of this order. On such payment, I.A.No.735 of 2005 shall stand allowed and M.C.O.P.No.487 of 1997 shall stand restored to file.

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With the above direction, the Civil Revision Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar (T&P)

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/True Copy/

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Sub Assistant Registrar

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The Additional District and Sessions Judge, (Fast Track Court-1) Madurai.

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The Secretary, Legal Aid Services Authority, Madurai Bench of Madras High Court, Madurai.

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1 CC TO M/s.AJMAL ASSOCIATES, IN SR No. 82523

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AKV

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TE/KK/SAR-I : 01/11/2017 : 2P/4C

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https://hcservices.ecourts.gov.in/hcservices/

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C.R.P.(NPD)(MD)No.1659 of 2017 11.10.2017

G. Mohammed Rafee v. Mr.C. Jeyaseelan(Dismissed)

Case brief

What is this about?

What did the court decide?

G. Mohammed Rafee v. Mr.C. Jeyaseelan(Dismissed)

Case brief

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What did the court decide?

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