Vijayan v. Sasikala

in C.M.A.SR.No.50402 of 2023 SUNDER MOHAN,J.

This Application has been filed to condone the delay of 316 days in filing the above captioned C.M.A against the decree and judgment passed in M.A.C.T.O.P.No.643 of 2017 dated 22.10.20211 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Tiruvannamalai. 2.Learned counsel for the appellant submitted that the 1st respondent remained ex-parte before the Tribunal and therefore, notice to her may be dispensed with. The learned counsel has made an endorsement. Hence, notice to R1 is dispensed with. 3.Ms.I.Malar, learned counsel appeared on behalf of the 2nd respondent and fairly submitted that she has no objection for the above petition being allowed on condition that if the interest for the delay period is forefeited, in the event of this Court enhancing the Award amount. 4.

Considering the averments made in the affidavit filed in support of this application and being satisfied with the same, the delay is condoned on the condition that the appellant shall not claim interest for the period of 316 days, in the event of this Court enhancing the Award amount. Hence, this application is ordered as prayed for.

SUNDER MOHAN,J.

gba 4.Registry is directed to number the C.M.A., if it is otherwise in order and the list the same in due course.

10.07.2023 gba C.M.P.No.10527 of 2022 in C.M.A.SR.No.50402 of 2023

10.07.2023