Madras High Court
Icici Lombard General Insurance vs M.Siriya Pushpam on 9 March, 2021
Author: V.M.Velumani
Bench: V.M.Velumani
C.M.P.Nos.1466 & 1468 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.P.Nos.1466 & 1468 of 2021
in
C.M.A.SR.No.108950 of 2014
ICICI Lombard General Insurance
Company Limited,
Arihant Plaza, 1st Floor,
No.84 & 85, Wall Tax Roads,
Chennai – 600 003. .. Petitioner
(in both C.M.Ps)
Vs.
1.M.Siriya Pushpam
2.Minor. M.Arjun Pandi
3.Minor. M.Midun Pandi
4.Minor. M.Janardhanan Pandi
(Minor respondents 2 to 4 are represented by their
mother, M.Siriya Pushpam, 1st respondent herein)
5.Bhagyam
6.V.Kailasam
7.V.Anitha .. Respondents
(in both C.M.Ps)
Prayer in C.M.P.No.1466 of 2021: This Civil Miscellaneous Petition is
filed under Order IV Rule 9(4) of A.S.Rules, praying to condone the delay
of 2106 days in representing the above appeal in C.M.A.SR.No.108950
of 2014.
http://www.judis.nic.in
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C.M.P.Nos.1466 & 1468 of 2021
Prayer in C.M.P.No.1468 of 2021: This Civil Miscellaneous Petition is
filed under Section 149 of C.P.C., praying to condone the delay of 2131
days in paying deficit Court fees of Rs.11,035/- in the above
C.M.A.SR.No.108950 of 2014.
In both C.M.Ps:
For Petitioner : Ms.R.Sree Vidhya
For RR 1 to 5 : Mr.G.Balaji Prasad
COMMON ORDER
C.M.P.No.1466 of 2021 is filed to condone the delay of 2106 days in representing the above appeal in C.M.A.SR.No.108950 of 2014.
2.C.M.P.No.1468 of 2021 is filed to condone the delay of 2131 days in paying deficit Court fees of Rs.11,035/- in the above C.M.A.SR.No.108950 of 2014.
3.According to learned counsel appearing for the petitioner, when the bundle was returned by the Registry for certain defects, it was mixed up with disposed bundles. The Clerk who was handling the matter went to his native place and fell sick. Due to his health condition, he did not inform the stage of the case. During COVID lock-down period, when the office was cleaned up, the learned counsel appearing for the petitioner found the bundle with disposed bundles and represented the appeal with http://www.judis.nic.in 2/5 C.M.P.Nos.1466 & 1468 of 2021 delay of 2106 days. Further, at the time of filing the appeal, the Court fee of Rs.50/- was affixed before this Court and the correct Court fee comes to Rs.11,035/-. The deficit Court fee of Rs.10,985/- was paid on 15.10.2020 and due to the reasons stated above, there is a delay of 2131 days in paying the deficit Court fee of Rs.10,985/-. The delay in representing the appeal and paying the deficit Court fee are neither wilful nor wanton.
4.The learned counsel appearing for the respondents 1 to 5 filed counter and opposed both the petitions. The learned counsel further submitted that the 6th respondent died and the respondents 1 to 5 are the legal heirs of the deceased 6th respondent.
5.Learned counsel appearing for the respondents 1 to 5 further contended that the reason given by the petitioner is not valid and only to drag on the appeal filed by the respondents 1 to 5 for enhancement of compensation, the present petitions have been filed and prayed for dismissal of both the petitions.
6.Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents 1 to 5 and perused the http://www.judis.nic.in 3/5 C.M.P.Nos.1466 & 1468 of 2021 materials on record.
7.C.M.P.No.1466 of 2021 is filed to condone the delay of 2106 days in representing and C.M.P.No.1468 of 2021 is filed to condone the delay of 2131 days in paying deficit Court fees of Rs.11,035/- in the above C.M.A.SR.No.108950 of 2014 filed in the year 2014. The respondents 1 to 5 have also filed C.M.A.No.2391 of 2014 for enhancement of compensation and the same is pending. In view of the pendency of the said appeal, it will be just and equitable to give an opportunity to the petitioner-Insurance Company to put forth their case also. At the same time, the petitioner must be put to cost for the delay of 2106 and 2131 days. In view of the same, both the C.M.Ps are allowed on payment of cost of Rs.5,000/- (Rupees Five Thousand Only) to Mr.G.Balaji Prasad, learned counsel appearing for the respondents 1 to 5 within a period of two weeks from the date of receipt of a copy of this order. If the petitioner fails to pay the cost within the stipulated time, both the petitions shall stand dismissed automatically, without further reference to this Court.
09.03.2021
krk
Index : Yes / No
http://www.judis.nic.inInternet : Yes / No
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C.M.P.Nos.1466 & 1468 of 2021
V.M.VELUMANI, J.
krk
C.M.P.Nos.1466 & 1468 of 2021
in C.M.A.SR.No.108950 of 2014
09.03.2021
http://www.judis.nic.in
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