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Madras High CourtCMP/7983/2021allowed

Sudhakar v. New India Assurance Company Ltd

2022-02-22Honourable Mr Justice C.V. Karthikeyan2 pages

C.M.P.Nos.7983, 7985 & 7986 of 2021 and Cross.Obj.Nos.19021, 19025 & 19023 of 2021 C.V.KARTHIKEYAN, J.

All these three applications have been filed seeking to condone the delay of 864 days in filing the Cross Appeals in C.M.A.Nos.1948, 1949 & 1950 of 2017 respectively.

2.The aforementioned Civil Miscellaneous Appeals have been filed by the respondent before the Tribunal, questioning the quantum and also on facts, the award of the Tribunal / Special District Court, Dharmapuri dated 15.12.2015. The claimant before the said Court had filed Cross-Objections and since there was a delay, the present applications had been filed. 3.In the affidavit filed in support of the said applications, it had been stated that an advise was given belatedly that it would be appropriate to file Cross-Objections as the Tribunal had failed to grant compensation on certain heads.

4.The delay is condoned, subject to condition that if at all, the CrossObjections are considered after final hearing, the petitioner would not be entitled to claim interest for 864 days.

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

C.V.KARTHIKEYAN, J.

KKN 4.With the said observations, these Civil Miscellaneous Petitions are allowed. Registry may number the number Cross-Objections, if they are otherwise in order and list the same along with the present Civil Miscellaneous Appeals on 08.03.2022.

22.02.2022 kkn C.M.P.Nos.7983, 7985 & 7986 of 2021 and Cross.Obj.Nos.19021, 19025 & 19023 of 2021 https://www.mhc.tn.gov.in/judis