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Madras High CourtCMP/12071/2024delay condoned

The Branch Manager v. Prasannavathi

2025-12-08Honourable Mr Justice C.V. Karthikeyan,Honourable Mr.Justice K.Kumaresh Babu2 pages

C.M.P. No.

12071 of 2024 in C.M.A.SR. No.

C.V. KARTHIKEYAN,J.

AND K. KUMARESH BABU,J.

(Order of the Court was made by C.V.KARTHIKEYAN,J.) This civil miscellaneous petition has been filed seeking to condone the delay of 222 days in filing the appeal questioning the award dated 25.02.2022 passed in M.C.O.P. No. 106 of 2017 by the Motor Accidents Claims Tribunal, I Additional District and Sessions Court, Vellore.

2.

In the affidavit, it has been contended that contributory negligence on the part of the driver of the van fixed at 25% is incorrect and the same must be increased to 50%. Further, it has been contended that income tax had not been deducted by the Tribunal from the notional income before ascertaining the loss of income. It has also been stated that the matter was entrusted to one of the panel advocates for filing an appeal and in the said process, there has been a delay.

3.

Heard the learned counsel for the appellant and respondents 1 and 2 .

4.

Taking all factors into https://www.mhc.tn.gov.in/judis

consideration, the delay of 222 days stands condoned and C.M.P.No.12071 of 2024 in C.M.A.SR. No.7747 of 2023 is ordered.

(C.V.K.J.) (K.B.J.) nv 08.12.2025 (Note to Office: Registry is to number the appeal, if it is otherwise in order.) https://www.mhc.tn.gov.in/judis