Insurer sought condonation of a 64-day delay in filing an appeal against a motor accidents claims tribunal award. The court accepted the reasons in the affidavit and allowed the petition subject to payment of Rs.500 costs to the Cancer Institute, failing which the petition stands automatically dismissed.
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CMP(MD) No.5246 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Twenty Fifth day of November Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE R. KALAIMATHI
CMP(MD) No.5246 of 2024 in CMA(MD)SR.No.1607 of 2024
THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., 2/60/1, PPK BUILDING, MARTHANDAM AND POST, KANAYAKUMARI DISTRICT ... PETITIONER/APPELLANT
Vs
1 JAYA KUMAR
2 ANANDHA DHAS ... 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 Condone the delay of 64 days in preferring the above CMA before this Honourable Tribunal.
PRAYER in CMA(MD)SR.No.1607 of 2024:
To set aside the Award dated 07.07.2023 made in M.C.O.P.No.38/2016 on the file of the learned Motor Accidents Claims Tribunal, (Sub Court Kuzhithurai) and allow the above civil miscellaneous appeal.
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CMP(MD) No.5246 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.A.SHAJAHAN, Advocate for the petitioner and of none appeared either in person or through by an advocate on behalf of the Respondents, the Court made the following order:-
This Petition is filed to condone the delay of 64 days in preferring the above Civil Miscellaneous Appeal.
2.Heard the learned counsel appearing for the Petitioner and perused the materials placed before this Court. Despite service of notice and their names printed in the cause-list, there is no appearance on behalf of the respondents.
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 Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adayar,Chennai-20(Payable in Account No.149710011000002, Savings Bank, Andhra Bank, Madhya Kailash Branch, Cancer Institure(WIA) Campus,Sardar Patel Road, Chennai-36, Branch Name and Code : 1497, MICR No.600011049, IFSC Code: ANDB0001497) within a period of two https://www.mhc.tn.gov.in/judis
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CMP(MD) No.5246 of 2024
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/25/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VSN TO
THE SUBORDINATE JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, KUZHITHURAI.
COPY TO: THE OFFICER INCHARGE, CANCER INSTITUTE(WIA), GANDHI NAGAR CANAL BANK ROAD, ADAYAR, CHENNAI – 20.
ORDER IN CMP(MD) No.5246 of 2024 in CMA(MD)SR.No.1607 of 2024 Date :25/11/2024
SS/GSV/SAR- /05/12/2024/ 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
Should the 64-day delay in filing the civil miscellaneous appeal against the MACT award be condoned?
The Branch Manager, United India Insurance Co. Ltd.
Jaya Kumar
Anandha Dhas
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
