Partly allowed

Kaliammal v. Subramanian, 91, Doovipuram

Madras HC5 Jul 2019CMP(MD)/5629/2019

Case brief

AI extract

What is this about?

Single judge of the Madras High Court, Madurai Bench, considered a petition to condone a 753-day delay in filing a civil appeal arising from a motor accident claim. The court inclined to condone the delay contingent upon payment of costs to the Legal Aid Service Authority.

What did the court decide?

Condones delay of 753 days subject to payment of Rs.500/- to Legal Aid Service Authority within one week; otherwise dismisses.

Kaliammal Vs Subramanian, 91, Doovipuram — Civil Procedure and Limitation | Madras HC (2019)

¶1

¶2

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

¶3

Friday, the Fifth day of July Two Thousand Nineteen

¶4

PRESENT

¶5

The Hon`ble Mrs.Justice J.NISHA BANU

¶6

CMP(MD) No.5629 of 2019 IN CMA(MD) No.SR19976 of 2017

¶7

1 KALIAMMAL

¶8

2 MINOR.JEYAPANDEESWARI

¶9

3 MINOR.MUTHUPANDEESWARI

¶10

4 GURUVAMMAL ... PETITIONERS/ APPELLANTS (MINORS 2 AND 3 PETITIONERS THROUGH THEIR GUARDIAN AND MOTHER 1^st PETITIONER)

¶11

1 SUBRAMANIAN

¶12

2 THE BRANCH MANAGER NATIONAL INSURANCE CO.,LTD., THOOTHUKUDI.

¶13

3 GANESAN ... RESPONDENTS/ RESPONDENTS

¶14

(3^rd RESPONDENT IMPLEADED BY LOWER COURT)

¶15

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 753 days in representing the CMA.(MD) SR.No.19976 of 2017 and thus render justice.

¶16

PRAYER IN CMA(MD) No.SR19976 of 2017:

¶17

To allow the appeal and set aside the judgment and decree dated 04.08.2015 made in M.C.O.P.No.183 of 2010 on the file of the learned Motor Accident Claims Tribunal(Chief Judicial Magistrate), virudhunagar at Srivilliputtur and thereby award compensation of Rs.10,00,000/-(Rupees Ten Lakhs only) with interest by allowing the said Original Petition.

¶18

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.S.MUNIYANDI, Advocate for the petitioners, the court made the following order:-

¶19

This petition has been filed by the petitioners seeking to https://hcservices.ecourts.gov.in/hcservices/ condone the delay of 753 days in representing the above Civil Miscellaneous Appeal.

¶20

¶21

2.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 of cost of Rs.500/- (Rupees five hundred only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

¶22

3.This petition is accordingly ordered.

¶23

In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order and list the same “for admission” forthwith.

¶24

/ TRUE COPY /

¶25

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

¶26

¶27

THE CHIEF JUDICIAL MAGISTRATE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, VIRUDHUNAGAR AT SRIVILLIPUTTUR.

¶28

COPY TO:

¶29

THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶30

THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶31

JM/VR/SAR-1/18.07.2019/2P.4C

¶32

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

Kaliammal v. Subramanian, 91, Doovipuram

Case brief

What is this about?

What did the court decide?

Kaliammal v. Subramanian, 91, Doovipuram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Managing Director Vs Ponnammal

A.Santhanamary Vs G.Subramani

Mariamma, (Died), Yesudhas , Vs Madhavan (Died)

D.Jeyalakshmi, W/O.Late.R.M.T. Vs R.M.T.S.S.Suryakumar

Arumugapandi, S/O.Perumalnadar Vs Issakiammal

Poornam Vs the Branch Manager