The court condoned a delay of 145 days in filing a Cross Objection challenging a Motor Accidents Claims Tribunal award, subject to the payment of a penalty. The petition was allowed with conditions.
Delay in filing Cross Objection condoned, subject to payment of Rs. 500/- as costs to Cancer Institute (WIA).
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.14866 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Twenty Ninth day of November Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE R. KALAIMATHI
C.M.P.(MD)No.14866 of 2024 in
CROS.OBJ.(MD) SR.No.71231 of 2024
1 K.UMAMAHESWARI
2 C.K.BALAJI
... PETITIONER/CROSS OBJECTORS
Vs
THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION, KUMBAKONAM LIMITED, TRICHY DIVISION, TRICHY DISTRICT. ... RESPONDENT/RESPONDENT
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 145 days in filing the above Cross Objection(MD) SR.No.71231 of 2024 in CMA(MD). No.650 of 2024 and thus render justice.
PRAYER IN CROS.OBJ.(MD) SR.No.71231 of 2024 in CMA(MD). No.650 of 2024:
To call for the records to set aside the Judgment and Decree dated 28.04.2023 passed by the Motor Accidents Claims Tribunal (Additional District and Sessions Judge), Theni at Periyakulam and enhance the compensation by allowing this Cross Objection in CMA(MD)No.650 of 2024 on the file of this Hon'ble Court.
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C.M.P.(MD)No.14866 of 2024
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 Mr.K.SURESH KUMAR, Advocate for the petitioner and of Mr.K.RAMAIAH, Advocate on behalf of the Respondent, the court made the following order:-
This petition is filed to condone the delay of 145 days in filing the above appeal.
petition, this petition is allowed on condition to pay costs of Rs.500/- to the credit of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai – 20 (payable in S.B.A/c.No.149710011000002, Andra Bank, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai – 36, Branch Name and Code:1497, MICR No.600011049, IFSC Code:ANDB0001497), within a period of two weeks from the date fo receipt of a copy of this order. Failing which, this petition shall stand automatically dismissed without further reference to this Court.
sd/29/11/2024
/ TRUE COPY /
02/12/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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C.M.P.(MD)No.14866 of 2024
APD
TO THE ADDIITONAL DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, THENI AT PERIYAKULAM.
COPY TO: THE OFFICER INCHARGE, CANCER INSTITUTE (WIA), GANDHI NAGAR CANAL BANK ROAD, ADYAR, CHENNAI – 20
ORDER IN CMP(MD) No.14866 of 2024 Date :29/11/2024
SA/SAR. /02.12.2024/3P/3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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1 issue framed by the court
Whether the delay of 145 days in filing the Cross Objection against the award of the Motor Accidents Claims Tribunal can be condoned?
K. Umamahesari
C. K. Balaji
The General Manager Tamil Nadu State Transport Corporation, Kumakom Limited, Trichy Division, Trichy District
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
