Shamshad v. National Switch Gears

in C.M.A.SR.Nos.68168 & 68169 of 2023 SUNDER MOHAN,J.

C.M.P.No.11689 of 2023 has been filed to condone the delay of 354 days in filing the above captioned C.M.A against the decree and judgment passed in M.C.O.P.No.633 of 2017, dated 22.11.2021 on the file of the Motor Accident Claims Tribunal/ Additional District Court (FTC) at Kanchipuram.

2.C.M.P.No.11691 of 2023 has been filed to condone the delay of 354 days in filing the above captioned C.M.A against the decree and judgment passed in M.C.O.P.No.632 of 2017, dated 22.11.2021 on the file of the Motor Accident Claims Tribunal/ Additional District Court (FTC) at Kanchipuram.

3.Ms.R.Sree Vidhya, learned counsel takes notice for the 2nd respondent. She submitted that the delay may be condoned on the contition that the petitioners shall not claim any interest for the period of 354 days, in the event of this Court enhancing the compensation amount.

4.Learned counsel for the appellant submitted that the 1st respondent remained ex-parte before the Tribunal and therefore, notice to

the 1st respondent was dispensed with vide order of this Court dated 20.06.2023.

5.Heard both sides.

6.This Court, on perusal of the affidavits and the counter and on hearing the submissions of the learned counsels appearing on either side, the said delay can be condoned on the condition that the petitioner shall not claim any interest for the period of 354 days, in the event of this Court enhancing the compensation amount. 7.With the above condition, the above captioned Civil Miscellaneous Petitions are ordered as prayed for. 8.Registry is directed to number the C.M.As., if it is otherwise in order and the list the same in due course. The Registry is further directed to print the name of Ms.R.Sree Vidhya, learned counsel appearing for the 2nd respondent in the cause list, at the time of admission 18.07.2023 gba

SUNDER MOHAN,J.

gba in C.M.A.SR.Nos.68168 & 68169 of 2023 18.07.2023