The appellant sought condonation of a 301-day delay in filing an appeal against a Motor Accidents Claim Tribunal award. The court, accepting the reasons in the affidavit and noting the respondent's absence, allowed the petition subject to payment of costs.
Delay of 301 days condoned; Petition allowed on condition of paying Rs. 1,000 as costs within two weeks.
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C.M.P.(MD) No.8136 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Friday, the Fifteenth day of November Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE R. KALAIMATHI
C.M.P.(MD) No.8136 of 2024 in C.M.A.(MD)SR.No.29321 of 2024
MAYILVAGANAM
... PETITIONER/APPELLANT
Vs
CLAIMS MANAGER ICICI LAMBERT GENERAL, INSURANCE COMPANY LIMITED, MADURAI.
... RESPONDENT/RESPONDENT
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 301 days for filing civil miscellaneous appeal against M.C.O.P.No.216 of 2019 dated 0702-2023 on the file of Honourable Motor Accident Claim Tribunal / Chief Judicial Magistrate Court, Srivilliputhur and thus render justice.
PRAYER IN C.M.A.(MD)SR.No.29321 of 2024:
https://www.mhc.tn.gov.in/judis To enhance the award passed in the fair and decreetal order dated 7.02.2023
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C.M.P.(MD) No.8136 of 2024
made in M.C.O.P.No.216 of 2019, on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court, Srivilliputhur, Virudhunagar District and allow this Civil Miscellaneous Appeal with interest and cost.
ORDER : This 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.S.ALAGUSUNDAR, Advocate for the petitioner and not appeared for the respondent either in person or through by an advocate, the court made the following order:-
This Petition is filed to condone the delay of 301 days in filing the above Civil Miscellaneous Appeal as against the order made in M.C.O.P.No.216 of 2019, dated 7.2.2023, on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court, Srivilliputhur.
2.Heard the learned counsel for the Petitioner and perused the materials placed before this Court. There is no representation on behalf of the respondent.
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 a sum of Rs.1,000/-(Rupees one thousand only) towards costs to the credit of Madras
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C.M.P.(MD) No.8136 of 2024
High Court Madurai Bench Advocate Clerks Welfare Association, Madurai within a
period of two weeks from the date of receipt of a copy of this order. Failing which,
this petition shall stand dismissed automatically dismissed without further reference to this Court.
sd/15/11/2024
/ TRUE COPY /
/12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE MOTOR ACCIDENTS CLAIMS TRIBUNAL/ CHIEF JUDICIAL MAGISTRATE COURT, SRIVILLIPUTHUR.
COPY TO
THE OFFICER IN CHARGE, MADRAS HIGH COURT MADURAI BENCH ADVOCATE CLERKS WELFARE ASSOCIATION, MADURAI
ORDER IN C.M.P.(MD) No.8136 of 2024 in C.M.A.(MD)SR.No.29321 of 2024 Date :15/11/2024
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C.M.P.(MD) No.8136 of 2024
RK/GSV (02/12/2024) 4P / 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
Whether the delay of 301 days in filing the appeal for enhancement of award is satisfactorily explained?
1 provisions across 1 enactments
Mayilvaganam
Claims Manager ICICI Lambert General Insurance Company Limited
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
