Partly allowed

United India Insurance Company Limited, v. Jasmine

Madras HC17 Oct 2024CMP(MD)/5918/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court considered a petition to condone a delay of 329 days in filing a civil miscellaneous appeal. The court condoned the delay but dismissed the petition regarding deceased respondents whose heirs were not impleaded, ordering the appellant to pay a sum to the District Siddha Medical Officer.

What did the court decide?

Delay of 329 days condoned subject to payment of Rs. 500 to District Siddha Medical Officer; petition dismissed against deceased respondents 3 and 5.

United India Insurance Company Limited, Vs… — Civil Procedure and Limitation | Madras HC (2024)

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C.M.P(MD)No.5918 of 2023

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

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Thursday, the Seventeenth day of October Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice SUNDER MOHAN

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C.M.P(MD)No.5918 of 2023 in C.M.A(MD)SR.No.32365 of 2023

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UNITED INDIA INSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL MANAGER, OFFICE AT NO.1, POST OFFICE ROAD, PALAYAMKOTTAI

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... PETITIONER/APPELLANT

1 JASMINE

2 MINOR SUJA,

(MINOR 2^nd RESPONDENT THROUGH HER MOTHER AND NEXT GUARDIAN 1^st RESPONDENT) (HENCE, NOTICE IS NOT NECESSARY)

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3 ANANDA KIRAGASTHAN,

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(AMENDED AS PER ORDER IN IA NO.645/18 DATED 16.02.2018)

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4 KASTHURI,

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5 ANTONY, ... RESPONDENTS/RESPONDENTS

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

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C.M.P(MD)No.5918 of 2023

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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 329 days in filing the above Civil Miscellaneous appeal and thus render justice.

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PRAYER IN C.M.A(MD)SR.No.32365 of 2023:

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Pleased to set aside the judgment and decree dated 07/02/22 passed in MCOP No.175 of 2017 on the file of the Motor Accident Claims Tribunal, Special Sub Judge, Tirunelveli.

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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.G.PRABHU RAJADURAI, Advocate for the petitioner and of Mr.T.SELVAKUMARAN, Advocate on behalf of the Respondents No.1,2 & 4, the court made the following order:-

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This petition is filed to condone the delay of 329 days in filing the appeal.

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2.Though the respondents 3 and 5 are no more, the petitioner has not taken any

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steps to implead the legal heirs of the respondents 3 and 5. Hence, this petition is dismissed as against the respondents 3 and 5.

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3.Heard the learned counsel for the petitioner and the respondents 1, 2 and 4.

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This petition is allowed and the delay of 329 days in filing the appeal is condoned on condition that the petitioner shall pay a cost of Rs.500/- (Rupees Five Hundred Only) to the credit of the District Siddha Medical Officer CCRI PKM, A/c No 10767823177, IFSC Code : SBIN0000898, MICR CODE : 625002601, Branch: SBI Periyakulam, on or before 22.10.2024.

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

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C.M.P(MD)No.5918 of 2023

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On production of proof for payment, the Registry is directed to number the

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appeal, if it is otherwise in order and post for admission on 23.10.2024.

sd/17/10/2024

/ TRUE COPY /

/10/2024

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

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CM TO

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THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

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COPY TO: 1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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3 THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI PKM, PERIYAKULAM.

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ORDER IN C.M.P(MD)No.5918 of 2023 in C.M.A(MD)SR.No.32365 of 2023 Date :17/10/2024

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SA/MMS/SAR. /21.10.2024/3P/5C

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https://www.mhc.tn.gov.in/judis Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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United India Insurance Company Limited, v. Jasmine

Case brief

What is this about?

What did the court decide?

United India Insurance Company Limited, v. Jasmine

Case brief

What is this about?

What did the court decide?

What the court decided

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