Partly allowed

K.Muthu Irulayee, v. M.Chinnapandi

Madras HC27 Jul 2018CMP(MD)/3838/2018

Case brief

AI extract

What is this about?

The Hon'ble Madras High Court condoned a delay of 187 days in filing a Civil Miscellaneous Appeal seeking to enhance compensation in a motor vehicle accident claim case, subject to payment of court fees and within the specified timeframe.

What did the court decide?

Condonation of 187-day delay in filing appeal upon payment of Rs.500 cost to the Chief Justice Relief Fund within one week.

K.Muthu Irulayee, Vs M.Chinnapandi — Civil Procedure and Limitation | Madras HC (2018)

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

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Friday, the Twenty Seventh day of July Two Thousand Eighteen

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PRESENT

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The Hon`ble Mrs.Justice J.NISHA BANU

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CMP(MD) No.3838 of 2018 IN CMA(MD) No.SR15549 of 2018

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K.MUTHU IRULAYEE ... PETITIONER/APPELLANT

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1.M.CHINNAPANDI

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2 SRI RAM GENARAL INSURANCE COMPANY LTD, CHINNA CHOCKIKULAM, MADURAI TOWN,

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REP THROUGH ITS DIVISIONAL MANAGER. ... RESPONDENTS/ RESPONDENTS

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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 187 days for preferring the Civil Miscellaneous Appeal enhancing the compensation in Fair and decreetal order dated 10.07.2017 made in MCOP.No.165/2014 on the file of Special Sub Court for Motor Vehicle Accident Claims Cases, Madurai and thus render justice.

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PRAYER IN CMA(MD) No.SR15549 of 2018:

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To enhance the award passed in fair and decreetal order dated 10.07.2017 made in M.C.O.P.No.165 of 2014 on the file of the Special Sub-court for Motor Accidents Claims Tribunal, Madurai and to allow the Civil Miscellaneous appeal with interest and cost.

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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.V.THIRUMAL, Advocate for the petitioner the court made the following order:-

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This petition has been filed to condone the delay of 187 days in filing the above civil miscellaneous appeal in C.M.A.(MD) No.SR15549 of 2018.

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When the matter came up for hearing today, the learned Counsel appearing for the petitioner/appellant would submit that the petitioner/appellant will not claim interest for the delayed period in the event of enhancement by this Court.

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In view of the said submission and also considering the https://hcservices.ecourts.gov.in/hcservices/ reasons stated in the affidavit filed in support of the petition as well as considering the length of delay, this Court is inclined to

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condone the delay, subject to the payment of cost of Rs.500/(Rupees Five Hundred only) to “Chief Justice Relief Fund”, within a period of one 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.

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This petition is accordingly ordered.

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sd/27/07/2018 / TRUE COPY /

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

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THE SPECIAL SUBORDINATE JUDGE, MOTOR VEHICLE ACCIDENT CLAIMS CASES, MADURAI.

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copy to :

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THE SECTION OFFICER,( CHIEF JUSTICE RELIEF FUND) ACCOUNTS SECTION,

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

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CMP(MD) No.3838 of 2018 IN

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CMA(MD) No.SR15549 of 2018 Date :27/07/2018 TK/VR-MMS/SAR.4/09.08.2018/2P-3C

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

K.Muthu Irulayee, v. M.Chinnapandi

Case brief

What is this about?

What did the court decide?

K.Muthu Irulayee, v. M.Chinnapandi

Case brief

What is this about?

What did the court decide?

What the court decided

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