The Branch Manager v. Ummer

CMP No.897 of 2026 CMP No.897 of 2026 in CMA SR.No.193075 of 2025 C.V.KARTHIKEYAN, J.

and K.

RAJASEKAR , J.

(Order of the Court was made by C.V.Karthikeyan, J.) This petition has been filed to condone the delay of 574 days in filing the above appeal against the award dated 22.12.2023 made in MCOP No.571 of 2020 on the file of the Special Subordinate Court, MACT, Krishnagiri. 2.Notice had been directed to the respondents except R2, who had remained ex parte before the Tribunal and the same had also been served. The learned counsel for the 5th respondent entered appearance and stated that in the award, contributory negligence had been fixed against the 5th respondent /Insurance Company. Therefore, if any liability is attributed, the interest for the delay period may be waived. 3.In the affidavit filed in support of this petition, it had been contended that the copy application of the award was filed on 27.12.2023 and copies were made ready on 02.

02.2024. There was a delay in uploading the same to the claim office at Chennai from Salem. Thereafter, an opinion has to be obtained from the counsel. In the meanwhile, the certified copy of the award was misplaced in the advocate's office, necessitating the procurement of a fresh certified copy. 1/2 https://www.mhc.tn.gov.

CMP No.897 of 2026 C.V.KARTHIKEYAN, J.

and K.RAJASEKAR, J.

vkr 4.

Taking all the factors into consideration and on hearing the learned counsels for the respondents, the delay stands condoned. However, when final orders are passed, interest for the delayed period would be waived. On that condition, the petition stands allowed. Registry to number the Appeal, if it is otherwise in order and list the appeal for admission.

(C.V.K.J., ) (K.R.S.J.,) vkr 25.06.2026 CMP No.897 of 2026 in CMA SR.No.193075 of 2025 2/2 https://www.mhc.tn.gov.in/judis