The High Court condoned a delay of 46 days in preferring an appeal against a Motor Accident Claims Tribunal award, allowing the petition for condonation on payment of costs.
Condonation of 46 days delay in filing appeal granted on payment of Rs. 500/- costs.
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.
CMP(MD) No.15694 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Twenty Eighth day of November Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE R. KALAIMATHI
CMP(MD) No.15694 of 2024 in CMA(MD) SR No.63423 of 2024
SHRIRAM GENERAL INSURANCE COMPANY LIMITED, 10003, E-8, EPIP RICCO INDUSTRIAL PART, CHITAPURA, JAIPUR, RAJASTHAN. ... Petitioner / Appellant
Vs
1 C.SELVI 2 C.MALARJOTHI 3 C.VIJAYA SANGEETHA
THANGAMMAL ALIAS PATTUKANI (DIED)
4 R.RAJA
5 M/S. BHARAT MARIANS COMPANY, 7, SOUTH RAJA STREET, THOOTHUKUDI.
6 UNITED INDIA INSURANCE COMPANY LIMITED, 3-E, BALA VINAYAGAR KOVIL STREET, THOOTHUKUDI. ... Respondents / Respondents
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CMP(MD) No.15694 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 46 days in preferring appeal as against the award 3rd February 2024 passed in MCOP No.32 of 2016 on the file of the Motor Accident Claims Tribunal/II Additional District Judge of Thoothukudi and take the appeal into file.
Prayer in CMA(MD) SR No.63423 of 2024:
To set aside the award dated 3rd February, 2024 passed in MCOP No.32 of 2016 on the file of the Motor Accident Claims Tribunal / II Additional District Judge of Thoothukudi by allowing this appeal.
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.V.SAKTHIVEL, Advocate for the petitioner and of M/s.S.VEERA SANTHI, Advocate on behalf of the Respondent Nos.1 to 3 and of not appeared for Respondent Nos.4 and 5 in person or through by an Advocate, the Court made the following order:-
This petition is filed to condone the delay of 46 days in preferring the above appeal.
1 to 3. The learned counsel for the respondents 1 to 3 has got objection in allowing this petition.
petition, this petition is allowed on payment of costs of Rs.500/- to the High Court https://www.mhc.tn.gov.in/judis
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CMP(MD) No.15694 of 2024
Legal Services Committee attached to this Court, 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/28/11/2024
/ TRUE COPY /
/11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
APD
To
The II Additional District Judge, Motor Accident Claims Tribunal, Thoothukudi.
Copy to:
The Officer Incharge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.
ORDER IN CMP(MD) No.15694 of 2024 in CMA(MD) SR No.63423 of 2024 Date :28/11/2024
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CMP(MD) No.15694 of 2024
ED/ /SAR- (29/11/2024) 4P / 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 46 days in filing the appeal against the MAC Tribunal award is sufficiently explained to warrant condonation?
Shriram General Insurance Company Limited
C. Selvi
C. Malarjothi
C. Vijaya Sangeetha
Thangammal Alias Pattukani (Died)
R. Raja
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
