Civil Miscellaneous petition under Section 5 of the Limitation Act to condone a delay of 395 days in filing an appeal against a Motor Accident Claims Tribunal decree. The High Court condoned the delay upon the respondent insurer agreeing to waive interest on the delayed period.
Delay of 395 days in filing the appeal condoned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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.9477 of 2017 IN CMA(MD) No.SR29693 of 2017
M.KARUNANIDHI ... PETITIONER/APPELLANT
1 MAHESWARI
2 MINOR VIJAYASANTHANA LAKSHMI @ VIJI, D/O.LAGE KALYANASUNDARAM
S.P.BALUCHAMY (DIED) LAKSHMI (DIED)
4 MAHALINGAM
5 RAMACHANDRAN 6 M/S.NATIONAL INSURANCE COMPANY LTD., REP. THRO. ITS DIVISIONAL MANAGER, DOOR NO.8A PRESIDENCY HOTEL BUILDING, YANAIKKAL, MADURIA TOWN.
7 RAJ PRABU ... RESPONDENTS/RESPONDENTS
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 395 days in filing the appeal against the Judgment and Decree dated 18.12.2015 made in M.C.O.P.No.84/2003 on the file Motor Accident Claims Tribunal/District Judge, Sivagangai.
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.R.SURIYANARAYANAN, Advocate for the petitioner and of M/S.D.SIVARAMAN, Advocate for R6, the court made the following order:-
This Civil Miscellaneous petition has been filed to condone the delay of 395 days in preferring the above appeal.
claim interest for the delayed period in the event of enhancement by this Court, which is also agreed by the learned Counsel appearing for the petitioner.
sd/03/04/2018
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE DISTRICT JUDGE,(MOTOR ACCIDENT CLAIMS TRIBUNAL), SIVAGANGAI.
Rm
CSL/PN/SAR-IV/09.04.2018 :2P/2C
ORDER IN CMP(MD) No.9477 of 2017 IN CMA(MD) No.SR29693 of 2017 Date :03/04/2018
M.KARUNANIDHI
M/S.NATIONAL INSURANCE COMPANY LTD.
J.NISHA BANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
