Kamsala v. U.Sivaprakasam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2020

CORAM

THE HONOURABLE Mr.JUSTICE R.SUBBIAH AND THE HONOURABLE Mr.JUSTICE C.SARAVANAN (Heard through Video Conference)

1. Kamsala W/o.Duraikannu

2. V.Soundarya W/o.Velumurugan ... Petitioners Vs.

1. U.Sivaprakasam S/o.K.Ulaganatham

2. The Divsional Manager, United India Insurance Co. Ltd., D.No.13A, Nethaji Road, Cuddalore 607 001.

... Respondents C.M.P filed under Section 173 (1) of the Motor Vehicles Act, 1988 to condone the delay of 1346 days in filing the above appeal. For Petitioners : Mr.A.N.Viswanatha Rao For Respondents : Mr.D.Baskaran, for R2 1/3

O R D E R

(Order of the Court was made by R.SUBBIAH, J.) This Petition has been filed seeking to condone the delay of 1346 days in filing the above appeal.

2. The learned counsel appearing for the 2nd respondent submitted that the delay is inordinate in nature. However, he submitted that he has no objection for allowing this petition provided that the interest is restricted from the date of filing of the appeal, if the compensation is enhanced.

3. In view of the above submission of the learned counsel for the 2nd respondent, the delay is condoned on condition that the petitioner is entitled for interest from the date of filing of the appeal, i.e., from 22.01.2020, if the compensation is enhanced. Accordingly this petition is ordered. [R.P.S., J] [C.S.N., J] pvs 01.09.2020 Internet: Yes 2/3

R.SUBBIAH, J.

and C.SARAVANAN, J.

pvs 01.09.2020 3/3