The petition for condonation of delay of 54 days in filing a Civil Miscellaneous Appeal against a Motor Accident Claims Tribunal award was allowed on the condition of paying costs.
Delay of 54 days condoned on condition of paying Rs. 500 costs to High Court Legal Services Committee.
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.15923 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Twenty First day of November Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE R. KALAIMATHI
C.M.P.(MD) No.15923 of 2024 in C.M.A.(MD)SR.No.67181 of 2024
1 J.SHEIK ABDULLAH
2 S.SATHIYA ... PETITIONERS/APPELLANTS
Vs 1 S.SHAKITHA
2 THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO., LTD, 1ST FLOOR, NORTHERN SIDE, A.A.TOWERS, PLOT NO.5, BYEPASS ROAD, MADURAI - 625 010. ... RESPONDENTS/RESPONDENTS
(NO RELIEF SOUGHT AGAINST THE 1st RESPONDENT. HENCE NOTICE NOT NECESSARY TO 1st 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 54 days in filling the above appeal and thus render justice.
PRAYER IN C.M.A.(MD)SR.No.67181 of 2024:
Pleased to set aside the Award dated 05.04.2024 passed in MCOP.No.1471 of 2021 on the file of Motor Accident Claims Tribunal (Special District Judge), Madurai https://www.mhc.tn.gov.in/judis and enhance the compensation.
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C.M.P.(MD) No.15923 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.ROBERT CHANDRA KUMAR I, Advocate for the petitioner and of Mr.V.MUTHUKAMATCHI, Advocate on behalf of the 2nd Respondent, the court made the following order:-
This Petition is filed to condone the delay of 54 days in filing the above Civil Miscellaneous Appeal.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. Mr.V.Muthukamatchi, learned counsel takes notice for the second respondent and raise strong objections to allow the Petition.
3.Accepting the reasons stated in the accompanying affidavit filed in support of this Petition, this Petition is allowed on condition that the Petitioner/appellant pay costs of Rs.500/-(Rupees five hundred only) to the credit of the High Court 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 dismissed automatically without further reference to this Court.
sd/21/11/2024
/ TRUE COPY /
/11/2024
Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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C.M.P.(MD) No.15923 of 2024
VSN TO THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL MADURAI.
COPY TO: THE OFFICER INCHARGE, LEGAL AID SERVICE COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CMP(MD) No.15923 of 2024 Date :21/11/2024
SA/VR/SAR. /29.11.2024/3P/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 54 days in filing the appeal can be condoned under Section 5 of the Limitation Act?
J.Sheikh Abdullah
S.Sathiya
S.Shakitha
The Manager ICICI Lombard General Insurance Co., Ltd
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
