This order allowed the Civil Miscellaneous Petition to condone a delay of 313 days in filing an appeal before the Motor Accidents Claims Tribunal, upholding reasons in the affidavit.
The delay of 313 days in filing the appeal is condoned on payment of costs of Rs.500.
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.
C.M.P.(MD)No.12131 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Fourteenth day of October Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice SUNDER MOHAN
C.M.P.(MD)No.12131 of 2024 in C.M.A.(MD) SR.No.36969 of 2024
THE BRANCH MANAGER THE NEW INDIA ASSURANCE COMPANY LTD., D.NO.452, 1ST FLOOR, PPS COMPLEX, PERIYAKULAM ROAD, ALLINAGARAM, THENI DT.
... Petitioner / Appellant
Vs
1 ANDICHIAMMAL
2 PANDIAN
3 PANDIAYAMMAL
4 MUTHAYI
5 THAMARAI SELVAN
6 M.KAMATCHIAMMAL
7 P.OYYATHEVAR
8 VIGNESHWARAN
... Respondents/ Respondents
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C.M.P.(MD)No.12131 of 2024
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 313 days in filing this appeal and thus render justice.
PRAYER IN C.M.A.(MD) SR No.36969 of 2024
To set aside the Award dated 06.03.2023 passed in MCOP No.32 of 2019 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Court), Periyakulam.
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.ROBERT CHANDRA KUMAR I, Advocate for the petitioner and No Appearance for the R3 to R5, R7, R8, the Court made the following order:-
This petition is filed to condone the delay of 313 days in filing the above appeal in C.M.A.(MD)SR.No.36969 of 2024.
2.Though notice sent to the respondents 3 to 5, 7 and 8 has been served, none has entered appearance. Notice sent to the respondents 1, 2 and 6 has been returned with endorsement ‘deceased’, ‘unclaimed’ and ‘left’, respectively.
petition, this petition is allowed and the delay of 313 days in filing the above appeal
in C.M.A.(MD)SR.No.36969 of 2024 is condoned on the payment of cost of Rs.500/https://www.mhc.tn.gov.in/judis
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C.M.P.(MD)No.12131 of 2024
to Siddha Centre, Madurai, Madurai Bench of Madras High Court, Madurai, operated by the Registrar (Administration) (Account No:-6865578213, IFSC Code:IDIB000H040, Indian Bank, High Court Branch, Madurai), within a period of two weeks from the date of receipt of a copy of this order.
sd/14/10/2024
/ TRUE COPY /
/ 10 /2024
Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
APD
TO
1 The Judge, Motor Accidents Claims Tribunal (additional District and Sessions Court), Periyakulam.
Copy To
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C.M.P.(MD)No.12131 of 2024
ORDER IN C.M.P.(MD)No.12131 of 2024 in C.M.A.(MD) SR.No.36969 of 2024 Date :14/10/2024
PSP/ JGB /SAR /16.10.2024/ 4P/ 4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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2 issues framed by the court
Whether the delay in filing the appeal should be condoned.
Whether the condonation order requires production of proofs.
THE BRANCH MANAGER THE NEW INDIA ASSURANCE COMPANY LTD.
1 ANDICHIAMMAL
2 PANDIAN
3 PANDIAYAMMAL
4 MUTHAYI
5 THAMARAI SELVAN
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
