Partly allowed

The Regional Manager v. Kamatchi @Kamatchiyammal(Died)

Madras HC3 Apr 2018CMP(MD)/10339/2017

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court considered a petition to condone a delay of 367 days in filing an appeal against a Motor Accident Claims Tribunal award. The Court inclined to condone the delay subject to payment of a cost levy.

What did the court decide?

Condonation of delay of 367 days in filing the appeal, subject to payment of Rs.1,000 to the Legal Aid Service Authority within one week.

The Regional Manager Vs Kamatchi @Kamatchiyammal(Died) — Insurance | Madras HC (2018)

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

¶2

Tuesday, the Third day of April Two Thousand Eighteen

¶3

PRESENT

¶4

The Hon`ble Mrs.Justice J.NISHA BANU

¶5

CMP(MD) No.10339 of 2017 IN CMA(MD) No.SR7174 of 2012

¶6

THE REGIONAL MANAGER RELIANCE GENERAL INSURANCE CO.LTD., NO.15-A, B.L.KANAGU TOWERS, NO.11TH CROSS, THILLAI NAGAR,

¶7

TRICHY. ... PETITIONER / APPELLANT

¶8

¶9

KAMATCHI @KAMATCHIYAMMAL(DIED) PICHAI (DIED) 1. CHELLAPPAN 2 SARAVANAN ... RESPONDENTS / RESPONDENTS

¶10

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 367 days in filing the above appeal against the fair and decreetal order dated 23/08/2010 made in MCOP.No.24 of 2008 on the file of Motor Accident Claims Tribunal (Addl.District Judge/Fast Track Court No.II), Pattukkottai.

¶11

PRAYER IN CMA(MD) No.SR7174 of 2012:-

¶12

to set aside the fair and decreetal order dated 23.02.2010 made in MCOP No.24 of 2008 on the file of Motor Accident Claims Tribunal (Additional District Judge / Fast Track Court No.II), Pattukkottai, Thanjavur

¶13

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.SRINIVASA RAGHAVAN, Advocate for the petitioner and the Respondent not appeared either in person or by an Advocate, the court made the following order:-

¶14

This petition has been filed to condone the delay of 367 days in filing the above civil Miscellaneous Appeal in CMA(MD)No.SR7174 of 2012, against the award passed in MCOP.No.24 of 2018.

¶15

Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment https://hcservices.ecourts.gov.in/hcservices/ of cost of Rs.1,000/-(Rupees One Thousand only) to the Legal Aid Service Authority, attached to this Bench, within a period of one

¶16

week from the date of receipt of a copy of this order failing which this petition shall stand dismissed automatically, without any further reference to this Court.

¶17

This petition is accordingly ordered.

¶18

sd/03/04/2018 / TRUE COPY /

¶19

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

¶20

¶21

THE MOTOR ACCIDENT CLAIMS TRIBUNAL (ADDITIONAL DISTRICT JUDGE / FAST TRACK COURT NO.II), PATTUKKOTTAI, THANJAVUR DISTRICT

¶22

rm JAM/10/04/2018/ PMI / SAR 4 /2p-2c

¶23

ORDER IN CMP(MD) No.10339 of 2017 IN CMA(MD) No.SR7174 of 2012 Date :03/04/2018

¶24

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

The Regional Manager v. Kamatchi @Kamatchiyammal(Died)

Case brief

What is this about?

What did the court decide?

The Regional Manager v. Kamatchi @Kamatchiyammal(Died)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Managing Director, Vs Minor Sathish Babu

The Divisional Manager, Vs Deivanai

Tmt. E. Nirmala Devi Vs K. Sivasami

Manisha(Minor) Vs Prabhakaran

G.Muruganandam Vs Managing Director

M.Karunanidhi, Vs Maheswari