This order allowed a petition to condone a delay of 108 days in filing a Civil Miscellaneous Appeal against a Motor Accidents Claim Tribunal award. The court directed the payment of costs of Rs. 500 to the Cancer Institute.
Condonation of 108 days delay in filing appeal, conditioned upon payment of Rs. 500 costs to Cancer Institute within two weeks.
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.13297 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Fifth day of December Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE R. KALAIMATHI
C.M.P.(MD)No.13297 of 2024
in
C.M.A.(MD) SR.No.68276 of 2024
R. MUTHULAKSHMI
... PETITIONER/PETITIONER
Vs
1 S.SOWMIYA
2 THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
NO.2, BHUVANESHWARI COMPLEX, SANKARAN ROAD, NAMAKKAL. ... RESPONDENTS/RESPONDENTS
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 108 days in filing this Civil Miscellaneous Appeal against MCOP No.543 of 2016 dated 29.01.2024 on the file of the Motor Accident Claim Tribunal/Special Sub Judge, Tiruchirappalli and thus render justice.
PRAYER IN C.M.A.(MD) SR.No.68276 of 2024:
https://www.mhc.tn.gov.in/judis To set aside the award MACOP No.543 of 2016 dated 29.01.2024 passed by the
1/3
C.M.P.(MD)No.13297 of 2024
Motor Accidents Claims Tribunal /The Special Sub Judge, Tiruchirappalli and allowed the Civil Miscellaneous Appeal.
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.S.M.MOHAN GANDHI, Advocate for the petitioner and of MR.P.PETHU RAJESH, Advocate on behalf of the Respondent No.2 and not appeared for the respondent No.1 either in person or through by an advocate, the court made the following order:-
This petition is filed to condone the delay of 108 days in filing the above appeal.
respondent. The learned counsel for the second respondent does not have serious objection in allowing this petition.
2/3
C.M.P.(MD)No.13297 of 2024
Code:1497, MICR No.600011049, IFSC Code:UBIN0814971), within a period of two
weeks from the date of receipt of a copy of this order. Failing which, this petition
shall stand automatically dismissed without further reference to this Court.
sd/05/12/2024
/ TRUE COPY /
09/12/2024 Sub-Assistant Registrar (WRIT) Madurai Bench of Madras High Court, Madurai - 625 023.
apd
TO
THE MOTOR ACCIDENTS CLAIMS TRIBUNAL / THE SPECIAL SUB JUDGE, TIRUCHIRAPPALLI
COPY TO
CANCER INSTITUTE (WIA), GANDHI NAGAR CANAL BANK ROAD, ADYAR, CHENNAI – 20
ORDER
IN C.M.P.(MD)No.13297 of 2024
in
C.M.A.(MD) SR.No.68276 of 2024 Date :05/12/2024
RK/ (09/12/2024) 3P / 4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
3/3
1 issue framed by the court
Whether the delay of 108 days in filing the Civil Miscellaneous Appeal is condonable.
1 provisions across 1 enactments
R. MUTHULAKSHMI
S.SOWMIYA
THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED
R. KALAIMATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
