Madras High Court
Minor R.Harsha vs P.Sivasamy on 12 April, 2023
C.M.P.No.6359 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 12.04.2023
Coram:
THE HONOURABLE MRS.JUSTICE N.MALA
C.M.P.No.6359 of 2023
in
C.M.A.Sr.No.21494 of 2022
Minor R.Harsha,
D/o.Late.Rangasamy,
Rep. by her Guardian and mother
R.Devi @ Sarala Devi ... Petitioner/Appellant
Vs.
1.P.Sivasamy
2.R.Devi @ Sarala Devi ... Respondents
Prayer in C.M.P: Civil Miscellaneous Petition filed under Section 5 of the
Limitation Act r/w. 151 of Code of Civil Procedure, 1908, praying to condone
the delay of 347 days in representing the C.M.A.Sr.No.21494 of 2022 against
M.C.O.P.No.1573 of 2016 on the file of Motor Accident Claims Tribunal, (II
Small Causes Court), Chennai.
Prayer in C.M.A: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicles Act, 1988, to allow this appeal and be pleased to enhance the
amount awarded in M.C.O.P.No.1573 of 2016 dated 06.08.2021 on the file of
Motor Accident Claims Tribunal, (II Small Causes Court), Chennai, as prayed
for with interest and cost.
For Petitioner/Appellant : Mr.K.Varadha Kamaraj
https://www.mhc.tn.gov.in/judis
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C.M.P.No.6359 of 2023
ORDER
The Civil Miscellaneous Petition is filed to condone the delay of 347 days in representing the C.M.A.Sr.No.21494 of 2022 against M.C.O.P.No.1573 of 2016 on the file of Motor Accident Claims Tribunal, (II Small Causes Court), Chennai.
2. The Insurance Company filed an appeal in C.M.A.No.228 of 2022, and a settlement was arrived between the petitioner and the Insurance Company before the Lok Adalat on 11.02.2023. The learned counsel submits that conditional order passed by this Court on 31.03.2023 was not complied with.
The learned counsel further submits that, in view of the settlement arrived before the Lok Adalat, this appeal may be dismissed.
3.In view of the settlement arrived before the Lok Adalat on 11.02.2023, the C.M.P.No.6359 of 2023 is dismissed. Consequently, the Civil Miscellaneous Appeal is rejected at the S.R. stage itself. No costs.
12.04.2023 Index : Yes/No gd https://www.mhc.tn.gov.in/judis 2/4 C.M.P.No.6359 of 2023 To
1.The Motor Accident Claims Tribunal, (II Small Causes Court), Chennai.
2.The Section Officer, V.R.Section, High Court of Madras, Chennai.
https://www.mhc.tn.gov.in/judis 3/4 C.M.P.No.6359 of 2023 N.MALA, J gd C.M.P.No.6359 of 2023 in C.M.A.Sr.No.21494 of 2022 12.04.2023 https://www.mhc.tn.gov.in/judis 4/4