Thamayandhi v. Udhayakumar

C.M.P.No.18488 of 2022 in C.M.A.Sr.No.61726 of 2022 SUNDER MOHAN,J.

This Application has been filed to condone the delay of 1947 days in filing the above captioned C.M.A as against the Award dated 15.09.2016 made in M.A.C.T.O.P.No.61 of 2015 on the file of the Motor Accident Claims Tribunal, Special Sub-ordinate Court, Thiruvannamalai. 2.Learned counsel for the petitioners submitted that the 1st petitioner who is the wife of the deceased had no help since the deceased was only bread winner in the family. She had no sufficient income and was unable to contact the Lawyer and meet out the legal expenses. 3.Learned counsel for the 2nd respondent/Insurance Company per contra submitted that no sufficient cause has been shown in the affidavit filed in support of this petition and prayed for dismissal of the petitioner. The respondent had also filed counter to that effect. 4.Considering the reasons stated in the affidavit filed in support of the petition and on hearing the counsel on either side, this https://www.mhc.tn.gov.in/judis

SUNDER MOHAN,J.

rst Court is of the view that the delay can be condoned on following conditions:

(i) The petitioners shall forfeit the interest for the delay period in the event this Court enhancing the compensation and (ii) The petitioner shall also make a payment Rs.1000/- (Rupees One Thousand only) to the Legal Services Authority, Chennai. 5.With the above conditions, this application is ordered as prayed for.

6.On payment of such costs, the Registry is directed to number the C.M.A., if it is otherwise in order and the list the same in due course. 17.08.2023 rst C.M.P.No.18488 of 2022 in C.M.A.Sr.No.61726 of 2022 https://www.mhc.tn.gov.in/judis