Allowed

The Branch Manager v. R.Jeyakumar

Madras HC1 Oct 2024CMP(MD)/11129/2024

Case brief

AI extract

What is this about?

Insurance company sought condonation of a 243-day delay in filing an appeal against a motor accident claims tribunal award. The court allowed the petition subject to payment of Rs.500 as cost and directed the Registry to number the appeal upon proof of payment.

What did the court decide?

Delay of 243 days in filing the CMA condoned on payment of Rs.500 cost within two weeks; appeal to be numbered on production of proof.

The Branch Manager Vs R.Jeyakumar — Motor Accident Claims | Madras HC (2024)

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CMP(MD) No.11129 of 2024

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

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Tuesday, the First day of October Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice SUNDER MOHAN

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CMP(MD) No.11129 of 2024 in CMA(MD) SR.No.55048 of 2024

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THE BRANCH MANAGER

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M/S.ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, AA TOWERS, PLOT NO.5, BY -PASS ROAD, S.S.COLONY, MADURAI - 625 010.

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... APPELLANT/PETITIONER

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1 R.JEYAKUMAR 2 J.REVATHI 3 M.ARJUNAN ... RESPONDENTS/RESPONDENTS

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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 243 days in filing the above CMA against the order passed in MCOP.No.173 of 2020 on the file of the Honourable District and Sessions Court / Motor Accident Claims Tribunal, Madurai dated 10-08-2023.

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Prayer in CMA(MD) SR.No.55048 of 2024 :

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To set aside the order dated 10.08.2023 made in M.C.O.P.No.173 of 2020 on the file of the Hon'ble District and Sessions Court / Motor Accident Claims Tribunal, Madurai by allowing the above Civil Miscellaneous Appeal.

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ORDER : This petition coming up for orders on this day, upon perusing the petition https://www.mhc.tn.gov.in/judis and the affidavit filed in support thereof and upon hearing the arguments of

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CMP(MD) No.11129 of 2024

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V.MUTHU KAMATCHI, Advocate for the petitioner and of MR.R.GOWRI SHANKAR, Advocate on behalf of the Respondent Nos.1 & 2 and none appeared either in person or by an advocate on behalf of the 3^rd Respondent, the court made the following order:-

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This petition is filed to condone the delay of 243 days in filing the appeal.

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2.The 3^rd respondent remained exparte before the Tribunal. Hence, further notice to the 3^rd respondent is dispensed with.

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3.Heard the learned counsel for the petitioner and the learned counsel for the respondents 1 and 2.

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4.This petition is allowed and the delay of 243 days in filing the appeal is condoned on condition that the petitioner shall pay a cost of Rs.500/- (Rupees Five Hundred Only) to the credit of the District Siddha Medical Officer CCRI PKM,A/c No 10767823177,IFSC Code: SBIN0000898, MICR CODE: 625002601, Branch: SBI Periyakulam within a period of two weeks from the date of receipt of a copy of this order.

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5.On production of proof for payment, the Registry is directed to number the appeal and post the appeal for admission.

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sd/01/10/2024 / TRUE COPY / /10/2024

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https://www.mhc.tn.gov.in/judis

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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.11129 of 2024

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THE DISTRICT AND SESSIONS JUDGE / MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

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COPY TO

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1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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3 THE OFFICER INCHARGE, DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PKM, PERIYAKULAM, THENI.

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ORDER IN CMP(MD) No.11129 of 2024 in CMA(MD) SR.No.55048 of 2024 Date :01/10/2024

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RS/MMS/SAR-(10.10.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

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The Branch Manager v. R.Jeyakumar

Case brief

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The Branch Manager v. R.Jeyakumar

Case brief

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