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Madras High CourtCMP/749/2025ordered

S. Anjalai v. S.Parthiban

2025-06-23Honourable Mrs.Justice T.V.Thamilselvi2 pages

C.M.P. No. 749 of 2025 in C.M.A.SR.No.527 of 2025 C.M.P. No. 749 of 2025 in C.M.A.SR.No.527 of 2025 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 90 days in filing the above Civil Miscellaneous Appeal against the award dated 14.06.2024 passed in M.C.O.P.No. 5482 of 2021, on the file of Motor Accident Claims Tribunal, III Judge, Small Causes Court, Chennai.

2. Ms.P.T.Saleem Fathima, learned counsel for appellants submitted that due to the death of sole bread winner of family, they are unable to maintain their livelihood and due to health issues, the appellants are not able to instruct counsel on record to prefer the above appeal and only during month of December 2024, they gave papers to him, as a result of which, there is a delay of 90 days in filing the above Civil Miscellaneous Appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above Civil Miscellaneous Appeal.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this court is inclined to allow this petition. Registry is directed to number the Civil Miscellaneous Appeal if it is otherwise found to be in order. The interest for the delay period is ordered to be waived.

23.06.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 749 of 2025 in C.M.A.SR.No.527 of 2025 T.V.THAMILSELVI, J.

rpp C.M.P.No. 749 of 2025 in C.M.A.SR. No. 527 of 2025 23.06.2025 https://www.mhc.tn.gov.in/judis