Partly allowed

National Insurance Company Limited v. Sankarammal

Madras HC25 Mar 2024CMP(MD)/1558/2024

Case brief

AI extract

What is this about?

The Madurai Bench condoned a delay of 355 days in filing a Civil Miscellaneous Appeal against an order of the Motor Accident Claims Tribunal, Tenkasi, on the petitioner's satisfaction and deposit of court fees.

What did the court decide?

Delay of 355 days condoned; petition allowed upon deposit of Rs.500/- court costs within one week; failure leads to automatic dismissal.

National Insurance Company Limited Vs… — Civil Procedure and Limitation | Madras HC (2024)

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CMP(MD) No.1558 of 2024

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

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Monday, the Twenty Fifth day of March Two Thousand and Twenty Four

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PRESENT

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The Honble Mrs.Justice V.BHAVANI SUBBAROYAN and The Honble Mr.Justice K.K. RAMAKRISHNAN

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C.M.P(MD)No.1558 of 2024 in C.M.A(MD)SR.No.6007 of 2024

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NATIONAL INSURANCE COMPANY LIMITED, NAMAKKAL, PARAMATHI STREET.

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... PETITIONER/APPELLANT

1 SANKARAMMAL

2 ARULSELVI,

3 KAUSHIK (MINOR)

(2^nd PETITIONER FOR HERSELF AND FOR 3^rd MINOR PETITIONER AS GUARDIAN)

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4 SHANMUGAM, ... RESPONDENTS/RESPONDENTS

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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 355 days in preferring the above Civil Miscellaneous Appeal against the order dated 29.09.2022, made by Motor Accident Claims Tribunal cum https://www.mhc.tn.gov.in/judis Additional District Court (FTC), Tenkasi in MCOP No.87 of 2019.

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CMP(MD) No.1558 of 2024

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PRAYER IN CMA(MD)SR.No.6007/2024:

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Pleased to set aside the Judgment and decree passed by the Motor Accident Claims Tribunal cum Additional District Court (FTC), Tenkasi, in MCOP No.87/2019 dated 29.09.2022.

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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.R.RAJAMANI, Advocate for the petitioner, the court made the following order:-

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(Order of the Court was made by V.BHAVANI SUBBAROYAN,J)

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This Petition is filed to condone the delay of 355 days in filing the Civil Miscellaneous Appeal.

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2.Heard the learned counsel appearing for the Petitioner. Though notice was served on the respondents and their names were printed, no representation for the respondents.

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For the reasons stated in the accompanying affidavit filed in support of this Petition and on being satisfied with the same, the delay of 355 days in filing the appeal is condoned and this petition is allowed on condition that the petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred only) towards costs to the Madras High Court Madurai Bench Advocate Clerk's Welfare Association, Madurai in Account No.496039124, High Court, Madurai Bench within a period of one week from the date of receipt of a copy of this order and on deposit of the same, the petition shall stand

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https://www.mhc.tn.gov.in/judis allowed, failing which, the Petition shall stand automatically dismissed without

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CMP(MD) No.1558 of 2024

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further reference to this Court.

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Registry is directed to number the appeal, if it is otherwise in order.

sd/25/03/2024

/ TRUE COPY /

/03/2024

Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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AM TO

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THE ADDITIONAL DISTRICT JUDGE (FTC), MOTOR ACCIDENT CLAIMS TRIBUNAL, TENKASI.

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COPY TO: 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, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADRAS HIGH COURT MADURAI BENCH, MADURAI.

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ORDER IN CMP(MD) No.1558 of 2024 Date :25/03/2024

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SA/JGB/SAR. /27.03.2024/3P/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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National Insurance Company Limited v. Sankarammal

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited v. Sankarammal

Case brief

What is this about?

What did the court decide?

What the court decided

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