Disposed

The Oriental Insurance Company LImited, v. N.Manimegalai

Madras HC3 Jul 2024CMP(MD)/5486/2024

Case brief

AI extract

What is this about?

Insurer sought condonation of 1401 days' delay in filing an appeal against a motor accident compensation award. The court condoned the delay on conditions that the petitioner pay Rs.2,500 each to the counsel for respondents 1-3 and respondent 5 before 16.07.2024.

What did the court decide?

Delay of 1401 days in filing the appeal condoned, conditional on paying Rs.2,500 each to the counsel for Respondents 1-3 and Respondent 5 by 16.07.2024.

The Oriental Insurance Company LImited, Vs N.Manimegalai — Motor Accident Claims | Madras HC (2024)

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CMP(MD) No.5486 of 2024

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

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Wednesday, the Third day of July Two Thousand and Twenty Four

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PRESENT

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The Honble Mr.Justice N.SESHASAYEE and The Honble Mr.Justice P. VADAMALAI

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CMP(MD) No.5486 of 2024 in CMA(MD)SR.No.6555 of 2024

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THE ORIENTAL INSURANCE COMPANY LIMITED, REP. THROUGH ITS BRANCH MANAGER, 2ND FLOOR, VIJAY COMPLEX, THENI TALUK, THENI DISTRICT.

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... PETITIONER/APPELLANT

1 N.MANIMEGALAI

2 MINOR. N.SUBASH

3 MINOR. N.GOWTHAM

(MINOR RESPONDENTS 2 AND 3 REPRESENTED THROUGH THEIR MOTHER/NATURAL GUARDIAN/1^st RESPONDENT MANIMEGALAI)

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4 P.MURUGAN

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5 K.MARIAPPAN,

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... RESPONDENTS/RESPONDENTS

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

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CMP(MD) No.5486 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 1401 days caused in filing the Civil Miscellaneous Appeal before this Honourable Court

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PRAYER in CMA(MD)SR.No.6555 of 2024:

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To set aside the award dated 09.11.2018 passed in M.C.O.P.No.14 of 2015 on the file of learned Motor Accident Claims Tribunal/Additional District Court(FTC), Theni.

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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.A.ILANGO, Advocate for the petitioner and of Mr.K.SAMIDURAI, Advocate on behalf of the Respondents 1 to 3 and Mr.K.R.SHIVASHANKARI, Advocate for the 5^th respondent and none appeared either in person or through by an advocate on behalf of the 4^th respondent, the Court made the following order:-

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Heard Mr.A.Ilango, learned counsel for the petitioner, Mr.K.Samidurai, learned counsel for Respondents No.1 to 3 and Mrs.K.R.Shivashankari, learned counsel, who offers to enter appearance for Respondent No.5.

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This Court is satisfied with the reasons stated in the affidavit filed in support of this petition. Accordingly, the delay of 1401 days caused in filing the civil miscellaneous appeal is condoned, however subject to the following conditions:

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i. The petitioner shall pay a sum of Rs.2,500/- (Two Thousand Five Hundred Rupees only) to Mr.K.Samidurai, learned counsel for Respondents No.1 to 3; and

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

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CMP(MD) No.5486 of 2024

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ii. The petitioner shall also pay a sum of Rs.2,500/- (Two Thousand Five Hundred Rupees only) to Mrs.K.R.Shivashankari, learned counsel for Respondent No.5.

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iii. The petitioner shall comply with conditions (i) and (ii) before 16.07.2024.

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Mrs.K.R.Shivashankari, learned counsel, shall file her vakalath for Respondent No.5.

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Post the matter on 18.07.2024.

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sd/03/07/2024

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/ TRUE COPY /

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/07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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ABR TO

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THE ADDITIONAL DISTRICT JUDGE(FTC), MOTOR ACCIDENT CLAIM TRIBUNAL, THENI.

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ORDER

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IN CMP(MD) No.5486 of 2024 in

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CMA(MD)SR.No.6555 of 2024 Date :03/07/2024

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SS/JGB/SAR- /09/07/2024/3P/2C

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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 Oriental Insurance Company LImited, v. N.Manimegalai

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company LImited, v. N.Manimegalai

Case brief

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