Adhikesavan (Died) v. Srinivasan

C.M.P.No.13261 of 2023 C.M.P.No.13261 of 2023 in C.M.A.SR.No.64720of 2023 SUNDER MOHAN,J.

This Application has been filed to condone the delay of 723 days in filing the above captioned C.M.A against the decree and judgment passed in M.C.O.P.No.05 of 2017, dated 09.03.2020 on the file of the Motor Accident Claims Tribunal, Chennai/ Additional District Court (FTC), Kanchipuram.

2.Learned counsel for the appellant submitted that the 1st respondent remained ex-parte before the Tribunal and therefore, requested this Court to dispense with the notice to the 1st respondent and had also made an endorsement to that effect in the Court bundle. Hence, notice to the 1st respondent is dispensed with.

3.Though notice was served on the 2nd respondent 14.07.2023, none had entered appearance.

4.Heard the learned counsel for the petitioner. https://www.mhc.tn.gov.in/judis

C.M.P.No.13261 of 2023 SUNDER MOHAN,J.

gba 5.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 petitioner shall not claim any interest for the period of 723 days, in the event of this Court enhancing the compensation amount.

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

24.07.2023 gba C.M.P.No.13261 of 2023 in C.M.A.SR.No.64720 of 2023 https://www.mhc.tn.gov.in/judis 24.07.2023