Rajagopal v. Sureshkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in C.M.A.(MD)No.1460 of 2010 RAJAGOPAL ... PETITIONER/APPELLANT

Vs 1 SURESHKUMAR 2 UNITED INDIA INSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL MANAGER, SNS COMPLEX, NEAR TELEPHONE EXCHANGE, LB ROAD, ADYAR, CHENNAI 600 020 ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to restore the 1st respondent in CMA (MD) No.1460 of 2010 dated 29.11.2017 on the file of this Honourable Court and thus render justice. PRAYER IN C.M.A.(MD)No.1460 of 2010: To allow this appeal and enhance the award amount in M.C.O.P.No.1728 of 2007 on the file of the Motor Accident Claims Tribunal Authority(2nd Additional District Judge), Tirunelveli dated 26.11.2009. 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 M/S.T.SELVAKUMARAN, Advocate for the petitioner and of M/S.C.JAWAHAR RAVINDRAN, Advocate on behalf of the Respondents the court made the following order:- The above petition has been filed seeking orders to restore the first respondent in C.M.A.(MD)No.1460 of 2010.

¶2Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

¶3It is seen that the petition to condone the delay in filing the restoration petition has already been allowed.

¶4Considering the reasons assigned, this Civil Miscellaneous petition is allowed and the Registry is directed to restore the first respondent in the main appeal.

¶5Post the matter on 07.08.2023 for final disposal.

sd/-

18/07/2023

/ TRUE COPY /

/07/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. csm TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL AUTHORITY (2ND ADDITIONAL DISTRICT JUDGE), TIRUNELVELI COPY TO THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (THE REGISTRY IS DIRECTED TO RESTORE THE FIRST RESPONDENT IN THE MAIN APPEAL.) ORDER IN

in C.M.A.(MD)No.1460 of 2010 Date :18/07/2023

RK/DD (27/07/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023