S.A.Ameer v. The Managing Director

C.M.P.No.12431 of 2025 in C.M.A.S.R.No.49954 of 2025 SATHI KUMAR SUKUMARA KURUP, J.

Learned Counsel for the Petitioner submits that the Petition has been filed by the Claimant to condone the delay of 96 days in filing the Appeal in C.M.A.S.R.No.49954 of 2025.

2. Learned Counsel for the Transport Corporation, who is present in Court, has objected on allowing the Appeal and sought time to file counter.

3. Considering the conduct of the Transport Corporation as observed by me as a trial Judge in the District Judiciary, as M.C.O.P Tribunal Judge, invariably, even after confirming the Appeal, there will be delay in depositing the amount before the Tribunals on the part of the Transport Corporation. Under those circumstances, the claim of the learned Counsel for the Respondent-2 /Transport Corporation that they want to file counter vehemently objecting to the petition cannot be sustained.

4. Invariably in all cases, the Counsels who represent the Insurance 1/3

Companies/Transport Corporation represent that the Appeal shall be allowed on condition that the interest for the period of delay shall be waived. Under those circumstances, here in this case, the claim of the learned Counsel for the Respondent/Transport Corporation seeking time to file counter is rejected outright.

5. The petition in C.M.P.No.12431 of 2025 is allowed on condition that the Petitioner as Appellant is not entitled to claim interest for the period of delay of 96 days.

6. Registry is directed to number the Appeal if it is otherwise in order. 11.07.2025 2/3

SATHI KUMAR SUKUMARA KURUP, J.

Shl C.M.P.No.12431 of 2025 in C.M.A.S.R.No.49954 of 2025 11.07.2025 3/3