The Madras High Court allowed a miscellaneous petition to condone a 158-day delay in filing an appeal against a Motor Accident Claims Tribunal award, subject to the payment of costs to the Legal Services Committee.
The petition to condone the delay of 158 days was allowed on condition to pay costs of Rs. 500 to the High Court Legal Services Committee.
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.10242 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Fourteenth day of November Two Thousand and Twenty Four
PRESENT
The Hon`ble Mrs.Justice R. KALAIMATHI
CMP(MD) No.10242 of 2024 in CMA(MD) SR No.40435 of 2024
1 P.THIYAGARAJ
2 T.MADHAVI
... Petitioners / Appellants / Petitioners
Vs
1 D.MARIYAPPAN
2 BRANCH MANAGER, CHOLAMANDALAM MS, GENERAL INSURANCE COMPANY LIMITED, DOOR NO.10, 1ST FLOOR, THIRUVANANDHAPURAM ROAD, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. ... Respondents / Respondents / Respondents
Civil Miscellaneous 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 158 days in filing this civil miscellaneous appeal against the judgement and decree passed in M.A.C.O.P.No.361 of 2020 dated 09-10-2023 on the file of the Motor Accident Claims Tribunal (III Additional District Judge) Tirunelveli and enhance the award amount Rs/12,17,000/- and allow the appeal.
Prayer in CMA(MD) SR No.40435 of 2024:
To set aside the judgment passedin M.A.C.O.P.No.361 of 2020 dated 09.10.2023
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CMP(MD) No.10242 of 2024
on the file of the Motor Accident Claims Tribunal (III Additional District Judge), Tirunelveli and enhance the award amount of Rs.12,17,000/- and allow the appeal.
ORDER : This civil miscellaneous 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 M/s.AAYIRAMK.SELVAKUMAR, Advocate for the petitioners, the Court made the following order:-
This petition is filed to condone the delay of 158 days in filing the above appeal in C.M.A.(MD)SR.No.40435 of 2024.
respondent. The learned counsel for the second respondent does not have serious objection in allowing this petition.
sd/14/11/2024
/ TRUE COPY /
/11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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CMP(MD) No.10242 of 2024
APD
To
The III Additional District Judge, Motor Accident Claims Tribunal, Tirunelveli.
Copy to:
The Officer Incharge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.
ORDER IN CMP(MD) No.10242 of 2024 in CMA(MD) SR No.40435 of 2024 Date :14/11/2024
ED/ GSV /SAR- (19/11/2024) 3P / 3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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P. THIYAGARAJ
T. MADHAVI
D. MARIYAPPAN
BRANCH MANAGER, CHOLAMANDALAM MS, GENERAL INSURANCE COMPANY LIMITED
R. KALAIMATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
