The Madurai Bench of the Madras High Court condoned a delay of 734 days in filing a civil miscellaneous appeal concerning motor accident compensation, allowing the petition on terms but denying any interest on enhanced amounts for the delayed period.
Petition to condone delay of 734 days allowed on terms; no interest granted on enhanced amount.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Third day of April Two Thousand Eighteen
PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
CMP(MD) No.12108 of 2017 IN CMA(MD) No.SR47394 of 2017
3 KANDASAMY ... PETITIONERS/PETITIONERS (1st AND 2nd APPELLANT REP.BY HER GRANDFATHER/GUARDIAN 3rd APPELLANT)
Vs
1 PRABHAKARAN
NATIONAL INSURANCE COMPANY LTD., MOUNT ROAD BRANCH, BRANCH CODE 500401, CHENNAI AND DISTRICT
HAVING OFFICE AT SOUTH CAR STREET,
NAGERCOIL POST&VILL, AGASTEESWARAM TALUK,
KANYAKUMARI DISTRICT.
4 MADHAVAMANI ... RESPONDENTS/RESPONDENTS
(*) Cause title accepted vide court order dated 06.12.2017 made in CMP(MD)No.11135/2017 in CMA(MD)No.SR47394/2017 by GRSJ.
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 734 days for filing this civil miscellaneous appeal.
PRAYER IN CMA(MD) No.SR47394 of 2017:
To call for the records relating to the fair and decreetal https://hcservices.ecourts.gov.in/hcservices/ order passed by Learned Chief Judicial Magistrate, Motor Accident Claims Tribunal, Nagercoil, Kanyakumari District in M.C.OP.37 of 2014 dated 31.08.2015 and to enhance the compensation and
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consequenty award just compensation by considering the Retham situation of money and thus render justices.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.P.NARAYANAKUMAR, Advocate for the petitioner, the court made the following order:-
This Civil Miscellaneous petition has been filed to condone the delay of 734 days in filing the above civil miscellaneous appeal in C.M.A(MD)No.SR47394 of 2017.
2.Being satisfied with the reasons stated in the affidavit filed in support of this petition, I am inclined to allow the petition on terms.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE MOTOR ACCIDENT CLAIMS TRIBUNAL, NAGERCOIL, KANYAKUMARI DISTRICT.
PK/RR/SAR-1/09.04.2018 : 2P/2C
2 issues framed by the court
Whether the delay of 734 days in filing the civil miscellaneous appeal regarding motor accident compensation can be condoned.
Whether the High Court could condone the delay based on the affidavit filed by the petitioner.
MANISHA (MINOR)
DIVYA (MINOR)
KANDASAMY
PRABHAKARAN
THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD.
MANIKANDAN
J. NISHA BANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
