Allowed

The Branch Manager v. P.Saroja

Madras HC14 Nov 2024CMP(MD)/4657/2024

Case brief

AI extract

What is this about?

This judgment allows a civil miscellaneous petition to condone a 91-day delay in filing an appeal against a Motor Accident Claim Tribunal award. The court imposed a condition of payment to the High Court Legal Services Committee.

What did the court decide?

The petition to condone delay of 91 days is allowed on condition to pay costs of Rs. 500 to the High Court Legal Services Committee within two weeks.

The Branch Manager Vs P.Saroja — Insurance | Madras HC (2024)

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CMP(MD) No.4657 of 2024

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

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Thursday, the Fourteenth day of November Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mrs.Justice R. KALAIMATHI

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CMP(MD) No.4657 of 2024 in CMA(MD) SR No.5341 of 2024

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THE BRANCH MANAGER THE NEW INDIA INSURANCE CO LTD., BRANCH II, JUMAN CENTRE, NO.43A/2, PROMENADE ROAD, CANOTONMENT, TRICHY-1

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... Petitioner / Petitioner Vs

1 P.SAROJA

2 C.SANTHOSHKUMAR

3 MUKILA

4 THE REGIONAL MANAGER, M/S.SHRIRAM GENERAL INSURANCE CO.LTD., E-8 EPIP, RIICO, INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN 302 022.

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

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CMP(MD) No.4657 of 2024

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5 THE DIVISIONAL MANAGER, M/S.SHRIRAM GENERAL INSURANCE CO LTD., NO.C-135-A,

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MEENAKSHI TOWERS, 1ST FLOOR, 5TH CROSS STREET, THILLAI NAGAR, TRICHY ... Respondents / Respondents (Notice to Respondents 2 and 3 is dispensed with, as they were set ex-parte before the Tribunal, vide Court order dated 24.04.2024 made in CMP(MD) No.4657 of 2024 in CMA(MD) SR No.5341 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 91 days in filing the Civil Miscellaneous Appeal against the award dated 13.07.2023 passed by the MACT Special Subordinate Judge, Trichirapalli in MCOP.No.28 of 2020.

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Prayer in CMA(MD) SR No.5341 of 2024:

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To set aside the award dated 13.07.2023 file of the M.A.C.T. Special Subordinate Judge, Trichy in M.C.O.P.No.28 of 2020 and allow this civil miscellaneous appeal.

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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.R.RAMADURAI, Advocate for the petitioner, the Court made the following order:-

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This petition is filed to condone the delay of 91 days in filing the above appeal

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in C.M.A.(MD)SR.No.5341 of 2024.

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Heard the learned counsel for the petitioner/appellant and the respondents

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4 and 5. The learned counsel for the respondents 4 and 5 does not have serious

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objection in allowing this petition.

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CMP(MD) No.4657 of 2024

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Being satisfied the reasons stated in the affidavit filed in support of this petition, this petition is allowed on the condition to pay costs of Rs.500/- to the High Court Legal Services Committee attached to this Bench, within a period of two weeks from to-day. Failing which, this petition shall stand dismissed without reference to this Court.

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sd/14/11/2024

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/ TRUE COPY /

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/11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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APD

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The Special Subordinate Judge, Motor Accident Claims Tribunal, Trichirappalli.

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Copy to:

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

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ORDER IN CMP(MD) No.4657 of 2024 in CMA(MD) SR No.5341 of 2024 Date :14/11/2024

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

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CMP(MD) No.4657 of 2024

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ED/ GSV /SAR- (19/11/2024) 4P / 3 C

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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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The Branch Manager v. P.Saroja

Case brief

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The Branch Manager v. P.Saroja

Case brief

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