Delay-condonation petition to file a civil miscellaneous appeal against a Motor Accident Claims Tribunal order. Respondents' insurers raised no serious objection; the Court allowed the petition on payment of Rs.1000 costs to Cancer Institute (WIA), failing which it stands automatically dismissed.
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.15801 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Fourth day of December Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE R. KALAIMATHI
CMP(MD) No.15801 of 2024 in CMA(MD)SR.No.9766 of 2024
1 JEYAKANTHAM
2 PICHAI,
... PETITIONERS/APPELLANTS
Vs
1 RAMESH
2 THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., 74A,SALAI ROAD, TIRCHY-18
3 SENTHIL KUMAR,
4 CHOLAMANDALAM GENERAL INSURANCE CO LTD., HEAD OFFICE, DARE HOUSE, SECOND FLOOR, N.S.C.BOSE ROAD, CHENNAI-600 001 ... RESPONDENTS/RESPONDENTS
Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to
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CMP(MD) No.15801 of 2024
condone the delay of 209 days in filing the present civil miscellaneous appeal against the order dated 10-03-2023 made in M.C.O.P.No.1789 of 2014 on the file of the Motor Vehicle Accidents Claims Tribunal / Special District Judge, Tiruchirappalli.
PRAYER in CMA(MD)SR.No.9766 of 2024:
To set aside the order dated 10.03.2023 made in M.C.O.P.No.1789 of 2014 on the file of the Motor Vehicle Accident Claims Tribunal/Special District Judge, Tiruchirappalli and allow 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 MR.ABIRAM VIKASH, Advocate for the petitioner and of MR.M.JEYAKUMAR, Advocate on behalf of the 2nd Respondent and Mr.N.SHYLAPPA KALYAN, Advocate for the 4th respondent and none appeared either in person or through by an advocate on behalf of the respondents 1 & 3, the Court made the following order:-
This petition is filed to condone the delay of 209 days in filing the above appeal.
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CMP(MD) No.15801 of 2024
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 of receipt of a copy of this order. Failing which, this petition shall stand automatically dismissed without further reference to this Court.
sd/04/12/2024
/ TRUE COPY /
05/12/2024
Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
AM
TO
THE SPECIAL DISTRICT JUDGE, MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL, TIRUCHIRAPPALLI.
COPY TO: THE OFFICER INCHARGE, CANCER INSTITUTE(WIA), GANDHI NAGAR CANAL BANK ROAD, ADYAR, CHENNAI – 20.
+1 CC to M/s.M.JERIN MATHEW, Advocate ( SR-14918[I] dated 04/12/2024 )
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CMP(MD) No.15801 of 2024
ORDER IN CMP(MD) No.15801 of 2024 in CMA(MD)SR.No.9766 of 2024 Date :04/12/2024
SS/SAR- /05/12/2024/ 4P/4C
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
Should the 209-day delay in filing the appeal against the Tribunal's order in M.C.O.P.No.1789 of 2014 be condoned?
JEYAKANTHAM
PICHAI
RAMESH
THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., TIRUCHY
SENTHIL KUMAR
CHOLAMANDALAM GENERAL INSURANCE CO LTD.
R. KALAIMATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
