High Court · 2025

CMP(MD). No.6821,6824 AND 6827 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTCivil Appellate JurisdictionWednesday, the Thirtieth day of April Two Thousand and Twenty FivePRESENTThe HONOURABLE MR. JUSTICE G.ILANGOVANCMP(MD). No.6821,6824 AND 6827 of 2025IN CMP(MD). No.808 TO 810 of 2025 IN CMA(MD)SR.Nos.60499 to 60501 of 2024 Cholamandalam M.S. General Insurance Co. Ltd. New Millennium Complex, No.384 1st Floor, Kalavasal, Madurai 10 ... Petitioner/Petitioner/Appealantin all Petitions Vs 1 Christy Vanaja Mary, 2 Natchathira Mary, 3 R.Mangai, ... Respondents/Respondents/Respondents in CMP(MD). No.6821 of 20251.Arockiyasami, 2.Jeya Mery,3.R.Mangai, 4.Vijaya Prabhaharan,1/7 https://www.mhc.tn.gov.in/judis CMP(MD). No.6821,6824 AND 6827 of 20255.Magma HDI General Insurance Co. Ltd., 3rd Floor, Raja Barly Building, 79/2, Bye-Pass Road, Madurai 106. Christy Vanaja Mary, 7. Natchathira Mary,... ... Respondents/Respondents/Respondentsin CMP(MD). No.6824 of 20251. Antony Raja Manickam 2. Kuzhandai Teras, 3. R.Mangai ,4. Vijaya Prabaharan .5.Magma HDI General Insurance Co. Ltd., 3rd Floor, Raja Barly Building, 79/2, Bye-Pass Road, Madurai 10 ... Respondents/Respondents/Respondentsin CMP(MD). No. 6827 of 2025 These Petitions are filed under Section 148 r/w Section 151 of CPC to extendthe time granted for compliance of condtitional order passed in CMP(MD)No.808 to810 of 2025 in CMA(MD)SR.No.60499 to 60501 of 2024 dated 24.01.2025 beforeMadurai Bench of Madras High Court 2/7 https://www.mhc.tn.gov.in/judis CMP(MD). No.6821,6824 AND 6827 of 2025Prayer in CMP(MD). No.808 TO 810 of 2025 :-These Petitions are filed under Section Order IV Rule 9(4) of AS Rule tocondone the delay of 98 days in Representation of the Appeals Caused in CMA(MD)SR.Nos.60499 to 60501 of 2024 respectively.Prayer in CMA(MD)SR.Nos.60499 to 60501 of 2024 These Appeals are filed under 173 of Motor Vehicles Act 1988 Against theaward dated 28.02.2023 made in M.C.O.P.Nos 332/22,1081/2021 and 1791/2021respectively on the file of the Motor Accidents Claims Tribunal, Special DistrictJudge(MACT)Madurai ORDER:- These Petitions coming on for orders on this day and upon perusing thepetitions and the affidavits filed in support thereof and upon hearing the argumentsof Mrs. K.R. Shivashankari, Advocate for the Petitioner and ofMr.S.K.Venkatraman, Advocate for the respondents, this Court made the followingorder:A mention was made yesterday (29.04.2025) by the learned counsel on recordfor the petitioner to list the present miscellaneous petitions urgently. Later the officeinformed me that the original order dated 24.01.2025 in all the matters is misplacedand could not be traced. Therefore, the matter could not be listed today. Again today3/7 https://www.mhc.tn.gov.in/judis CMP(MD). No.6821,6824 AND 6827 of 2025(30.04.2025) at 10.30 a.m., the learned counsel on record for the petitioner made amention to list the matter. Therefore the matter was listed today in the AdditionalList. 2. When the matter was called today, at 12.30 p.m., learned counsel for therespondent turned up through video conference, stating that he is in outstation andcould not appear before this Court without robes and therefore he made submissionthrough audio. He submitted that suppressing the fact of filing the ExecutionPetitions in E.P.Nos.110, 111 and 112 of 2024, this Civil Miscellaneous Appeals aremoved before this Court on 20.01.2025. They also entered through Caveat and in thecaveat they made out the above said facts. But an order has be0en passed by thisCourt on 24.01.2025, directing the petitioner herein to deposit 60% of the awardamount in all the matters within a period of 7 days from the date of receipt of a copyof that order. The copy of the order was made ready on 28.01.2025. According to thelearned counsel for the respondent, the above said fact of the proposed filing of E.P.petitions was intimated to the petitioner herein well in advance. But there was noproper response from the petitioner. Even the deposit made by the petitioner is atime barred one since the conditional order is not properly complied. 3. Learned counsel on record for the petitioner would submit that theyreceived the copy of order, only on 05.02.2025. From that date she made deposit4/7 https://www.mhc.tn.gov.in/judis CMP(MD). No.6821,6824 AND 6827 of 2025within the stipulated time. 4. Learned counsel for the respondent made objections stating that it might bemade available to the petitioner on 24.01.2025 itself. According to him, the petitionought not to have been entertained. 5. It is verified that the petitioner was not properly represented and thelearned counsel on record for the petitioner did not inform the Tribunal about thedeposit made. Therefore, the order of attachment was passed on 28.04.2025. Solearned counsel for the respondent would submit that if this petition is entertainedand allowed, then his valuable right will be affected and he will not be in a positionto realise the award amount. 6. It appears that due to some mistake on the part of the Registry in tracing outthe original copy, the matter could not be listed in time. There is some lapse on thepart of the learned counsel on record for the petitioner before the Tribunal. Becauseof the lapse only, it appears that the attachment order was passed by the Tribunal.For the lapse committed by the learned counsel for the petitioner, the petitionerCompany should not suffer. 7. On the sole ground, these Civil Miscellaneous Petitions are allowed byratifying the deposits made by the petitioner on 10.02.2025 and 11.02.2025. Since it isa case of death, a query was made to the learned counsel for the petitioner to deposit5/7 https://www.mhc.tn.gov.in/judis CMP(MD). No.6821,6824 AND 6827 of 2025further 15% of award amount in all the matters, so that the respondent may realise75% of the award amount. This enhanced 15% of the award amount may bedeposited by the petitioner on or before 02.06.2025, to the credit of M.C.O.P.No.332of 2022, M.C.O.P.No.1081 of 2021 and M.C.O.P.No.1791 of 2021 on the file of SpecialDistrict Judge, Madurai. The respondent herein is permitted to withdraw theoriginal deposit amount and the proposed deposit to be made by the petitioner. Inview of this order, the attachment order passed by the Tribunal dated 28.04.2025,shall be kept in abeyance, pending CMA(MD)SR.60499, 60500 and 60501 of 2024. Sd/-ASSISTANT REGISTRAR ( P & A)// True Copy // 30/04/2025Sub Assistant RegistrarTO 1.The Special District Judge(MACT), Madurai 6/7 https://www.mhc.tn.gov.in/judis CMP(MD). No.6821,6824 AND 6827 of 2025Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai+1 CC to M/s.K.R.SHIVA SHANKARI, Advocate ( SR-5261[I] dated 30/04/2025 ) ORDER DATED : 30/04/2025 ========================== ORDER ========================== CMP(MD). No.6821,6824 AND 6827 of 2025 IN CMP(MD). No.808 TO 810 of 2025IN CMA(MD)SR.Nos.60499 to 60501 of 2024 AS - (30.04.2025) 7P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 7/7