Allowed

The Branch Manager v. T.Kaveri

Madras HC2 Jan 2025CMP(MD)/18745/2024

Case brief

AI extract

What is this about?

Insurer sought condonation of a 393-day delay in appealing a motor accident claims tribunal award. Delay was condoned on payment of Rs.1,500 as costs to the Cancer Institute, failing which the petition stands automatically dismissed.

What did the court decide?

Delay of 393 days in filing the appeal condoned, conditional on payment of Rs.1,500 costs to Cancer Institute (WIA), Chennai, by 20.01.2025; otherwise automatic dismissal.

The Branch Manager Vs T.Kaveri — Motor Accident Claims | Madras HC (2025)

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CMP(MD) No.18745 of 2024

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

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Thursday, the Second day of January Two Thousand and Twenty Five

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PRESENT

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The HONOURABLE MRS. JUSTICE R. KALAIMATHI

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CMP(MD) No.18745 of 2024 in CMA(MD) SR No.94177 of 2024

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THE BRANCH MANAGER M/S.ORIENTAL INSURANCE COMPANY LTD., OLD NO.119, NEW NO.145, SEKKALAI ROAD, 1ST FLOOR, SATHIYAMOORTHY ILLAM, KARAIKUDI.

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... Petitioner / Appellant Vs

1 T.KAVERI

2 MINOR T.KAVISRI

3 A.KALUNGAYI

4 N.ATHIMOOLAM

5 T.R.S.DHATCHU

... Respondents / Respondents

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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 pass an order to condone the delay of 393 days in filing the Appeal against the Decree and

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

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CMP(MD) No.18745 of 2024

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Judgment dated 11.09.2023 passed in MCOP No.10/2022 made on the file of the Honourable Motor Accident Claims Tribunal/ Subordinate Judge, Manamadurai, decide the Appeal on merits and further be pleased to and pass such further or other orders, as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

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Prayer in CMA(MD) SR No.94177 of 2024:

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To set aside the decree and judgment passed in MCOP No.10 of 2022 dated 11.09.2023 on the file of the Motor Accident Claims Tribunal / Sub Judge, Manamadurai.

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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.C.KARTHIK, Advocate for the petitioner, the Court made the following order:-

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This petition is filed to condone the delay of 393 days in filing this appeal.

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Heard the learned counsel for the petitioner/appellant.

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Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition shall be allowed on condition of payment of costs of Rs.1,500/payable in favour of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai – 20 (payable in S.B.A/c.No.149710011000002, Union Bank of India, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road,

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

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CMP(MD) No.18745 of 2024

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Chennai – 36, Branch Name and Code:1497, MICR No.600011049, IFSC Code:UBIN0814971), on or before 20.01.2025. Failing which, this petition shall stand automatically dismissed without any further reference to this Court.

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sd/02/01/2025

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/ TRUE COPY /

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06/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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APD

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The Subordinate Judge, Motor Accident Claims Tribunal, Manamadurai.

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Copy to:

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The Officer Incharge, Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai-20.

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ORDER

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IN CMP(MD) No.18745 of 2024 in CMA(MD) SR No.94177 of 2024 Date :02/01/2025

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

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CMP(MD) No.18745 of 2024

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ED/ /SAR- (06/01/2025) 4P / 3C

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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. T.Kaveri

Case brief

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The Branch Manager v. T.Kaveri

Case brief

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