The Hon'ble Madurai Bench of the Madras High Court condoned the delay of 339 days in filing an appeal against a Motor Accident Claims Tribunal order, subject to the payment of court fees.
Delay of 339 days condoned upon payment of Rs. 1,000/- to the Advocates Welfare Fund; appeal to be numbered if otherwise in order.
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.
CMP(MD) No.8125 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Twenty Sixth day of October Two Thousand and Twenty One
PRESENT
The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA
CMP(MD) No.8125 of 2021 in CMA(MD)SR.No.7678 of 2019
THE NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, KUNNOOR, KOVAI DISTRICT.
... PETITIONER/ APPELLANT
1 MEENA 2 RAMKUMAR
CHINNAMMAL (DIED)
3 SIVAMANI 4 K.GANESHWARI 5 C.PAULPANDIAN
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 339 days in re-presenting the above C.M.A.SR.No.7678 of 2019.
PRAYER IN CMA(MD)SR.No.7678 of 2019:
To set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Sub Court, Uthamapalayam in MCOP No.2 of 2014 dated 13.08.2018.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.SIVARAMAN, Advocate for the petitioner, the court made the following order:-
This petition has been filed to condone the delay of 339 days in representing the civil miscellaneous appeal in CMA(MD)SR.No.7678 https://hcservices.ecourts.gov.in/hcservices/ of 2019.
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CMP(MD) No.8125 of 2021
2.Being satisfied with the reasons assigned in the affidavit filed in support of this petition, the delay is condoned and this petition is ordered on condition that the petitioner shall pay a sum of Rs.1,000/- to the credit of Madurai Bench of Madras High Court Advocates Welfare Fund, Indian Bank High Court Branch, Madurai, Current A/C.No.7087208431, IFSC Code-IDIBI000H040, within a period of two weeks.
3.In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order.
/ TRUE COPY / / /2021
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO
THE SUBORDINATE JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, UTHAMAPALAYAM.
COPY TO:
THE OFFICER INCHARGE, MADURAI BENCH OF MADRAS HIGH COURT ADVOCATES WELFARE FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
CMA(MD)SR.No.7678 of 2019
MBI
MS/PN/SAR-4/01.11.2021/2P.3C
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1 issue framed by the court
Whether the delay of 339 days in filing the civil appellate remedy should be condoned.
THE NATIONAL INSURANCE COMPANY LIMITED
MEENA
RAMKUMAR
CHINNAMMAL
SIVAMANI
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
