Kanaga v. R.V. Lenin

C.M.P. Nos.9429 & 9433 of 2025 in C.M.A.SR.Nos.57043 & 57044 of 2025 C.M.P. Nos.9429 & 9433 of 2025 in C.M.A.SR.Nos.57043 & 57044 of 2025 T.V. THAMILSELVI, J.

These Civil Miscellaneous Petitions have been filed seeking to condone the delay of 335 days in filing the above Civil Miscellaneous Appeals against the awards dated 08.12.2023 passed in M.C.O.P.Nos. 2707 & 2706 of 2017, on the file of Motor Accident Claims Tribunal, Special Sub-Judge No.II, Court of Small Causes, Chennai respectively.

2. Mr.U.Chithambaram, learned counsel for appellants submitted that due to financial constraints as well as due to ill-health, the appellants are not able to instruct counsel on record to prefer the above appeal and only during month of April 2025, they gave papers to him, as a result of which, there is a delay of 335 days in filing the above Civil Miscellaneous Appeals arose, which is neither willful nor wanton. Therefore, he filed these petitions to condone the delay in filing the above Civil Miscellaneous Appeals.

3. Mr.B.Damodaran, learned counsel for 1st respondent appeared an raised strong objections stating that no sufficient reason assigned for the delay.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this court is inclined to allow these petitions. Registry is directed to number the Civil Miscellaneous Appeals if it is otherwise found to be in order. The interest for the delay period is ordered to be waived. 22.07.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. Nos.9429 & 9433 of 2025 in C.M.A.SR.Nos.57043 & 57044 of 2025 T.V.THAMILSELVI, J.

rpp C.M.P.Nos.9429 & 9433 of 2025 in C.M.A.SR. Nos.57043 & 57044 of 2025 22.07.2025 https://www.mhc.tn.gov.in/judis