2

temporarily come down to Madurai, do hereby solemnly affirm and

sincerely state as followsl

1. I am the 1st petitioner herein and 1st appellant in the above

appeal and as such I am well acquainted with the facts of the case, I
am filing this affidavit for myself and also on behalf of my daughter,
the 2nd petitioner herein.

2. I submit that we have filed the above Civil Miscellaneous

Appeal to enhance the award passed by the Commissioner of
Workmen Compensation and Deputy Commissioner of Labour, Trichy
in W.C.No.21L of 20t7, dated 03.10.20L2. As the notice sent to the
respondents 1 and 3 returned unserved, by order dated 04.11.20t9,
this Hon'ble Court was pleased to direct us to file application for
substituted service by paper publication within 2 weeks. My counsel
immediately contacted me and on his enquiry, I informed his that the
3rd respondent is no more and ml,self and the 2nd petitioner are his
legal representatives. Immediately on 18.11.20L9 my counsel filed a
Memo for recording us as the legal representatives of the 3rd
respondent and filed an application for substituted service for the 1st
respondent in C.M.P.(MD)No.Lt344 of 2019. So we have complied
with the direction dated 04.tt.2Ot9. Subsequently the above C.M.P.
was ordered on t4.O9.2022 and we have effected substituted
seruice.

3. I submit that though we have filed a Memo dated 18.11.20t9

and complied with the order dated O4.lt,2Ot9, the cause list has
shown that the appeal as against the 3rd respondent was dismissed
for default. Hence we are filing the present application to restore the
appeal as against the 3rd respondent. But in the meantime there is

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 IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
C.M.P.(MD)No. of 2022
in
C.M.A.(MD)No. 1208 of 2Ot7

1. Muthulakshmi,
W/o. Late, Shanmugam.

2. Minor. Lekha Subhanu,

D/o. Late. Shanmugam.
(Represented by her mother and natural
guardian the 1st petitioner herein)

Both are residing at

No.3 lA/ t6, Selvakonar Store,
Palakkarai, Trichy-8. ... Petitioners/Appellants
-Vs-

1, P.Neppolian,
No.7, RCC 206-26t, S.C.Mutt Road,
Chamrajpet,
Bangalore-560 001,
Karnataka State.

2. The New India Assurance Company Ltd.,

Rep. by its Branch Manager,
Macmillan House, 2nd Floor,
Patullos Road,
Chennai-600 002.

3. Krishnan,
S/o. Periyasamy,
Muthukappatti Post,
Namakkal District. ... Respondents/Respondents
AFFIDAVIT

I, Muthulakshmi, S/o. Late. Shanmugdffi, Hindu, aged 40 years,

residing at No.3lAlL6, Selvakonar Store, Palakkarai, Trichy-8, now

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