Allowed

SBI General Insurance Company Limited v. Sivakumar (Died) 1.Nandhini

Madras HC29 Nov 2024CMP(MD)/17240/2024

Case brief

AI extract

What is this about?

Insurance company sought condonation of a 41-day delay in filing an appeal against a Motor Accidents Claims Tribunal award in a motor accident claim. The court allowed the petition on payment of costs of Rs.500 to the High Court Legal Services Committee, with automatic dismissal on default.

What did the court decide?

Delay of 41 days in filing the appeal condoned, subject to payment of Rs.500/- costs to the High Court Legal Services Committee within two weeks.

SBI General Insurance Company Limited Vs Sivakumar… — Motor Accident Claims | Madras HC (2024)

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C.M.P.(MD)No.17240 of 2024

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

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Friday, the Twenty Ninth day of November Two Thousand and Twenty Four

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PRESENT

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The HONOURABLE MRS. JUSTICE R. KALAIMATHI

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C.M.P.(MD)No.17240 of 2024 in C.M.A.(MD) SR.No.21885 of 2024

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SBI GENERAL INSURANCE COMPANY LIMITED, 2ND FLOOR, WARD NO.A1, BLOCK NO.15, TSO 949 -10, DOOR NO.104, EXCELLENCE BUILDING RACE COURT ROAD, COIMBATORE - 64 018.

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... Appellant / Petitioner

SIVAKUMAR (DIED)

1.NANDHINI

2 MINOR.SAILESH

3 MINOR.KAYAL D/O.LATE.SIVAKUMAR,

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(REPRESENTED BY 2ND PETITIONER MOTHER NANDHINI OUR MINOR CHILDREN'S)

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4 JAMUNA

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5 NADARAJAN

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6 P.K.VASUDEVAN ... Respondents/ Respondents

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD)No.17240 of 2024

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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 41 days in filing the appeal against the judgment and decree in M.C.OP.No.50 of 2018 dated 09.11.2023 on the filr of Motor Accidents Claims Tribunal (The Honourable Subordinate Judge), Thuraiyur pending disposal of the above appeal.

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PRAYER IN C.M.A.(MD) SR.No.21885 of 2024

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To set aside the Common Order in M.C.OP.No.50 of 2018 dated 09.11.2023 on the filr of Motor Accidents Claims Tribunal (The Honourable Subordinate Judge), Thuraiyur.

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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 M/s.N.SHYLLAPPAKALYAN, Advocate for the petitioner and of M/s.J.ANANDKUMAR, Advocate on behalf of the Respondent the court made the following order:-

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This petition is filed to condone the delay of 41 days in filing the above appeal.

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Heard the learned counsel for the petitioner/appellant and the first respondent. The learned counsel for the first respondent has raised objection in allowing this petition.

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Being satisfied with the reasons stated in the affidavit filed in support of this

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD)No.17240 of 2024

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petition, this petition is allowed on the payment of costs of Rs.500/- to the High

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Court Legal Services Committee attached to this Court, within a period of two weeks

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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/29/11/2024

/ TRUE COPY /

02 / 12 /2024

Sub-Assistant Registrar (C.O.) Madurai Bench of Madras High Court, Madurai - 625 023.

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APD

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The Motor Accidents Claims Tribunal (The Honourable Subordinate Judge), Thuraiyur

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COPY TO

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The Officer Incharge. High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

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ORDER IN C.M.P.(MD)No.17240 of 2024 in C.M.A.(MD) SR.No.21885 of 2024 Date :29/11/2024

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD)No.17240 of 2024

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PSP/ /SAR /02.12.2024/ 4P/ 3C

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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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SBI General Insurance Company Limited v. Sivakumar (Died) 1.Nandhini

Case brief

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SBI General Insurance Company Limited v. Sivakumar (Died) 1.Nandhini

Case brief

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