Kanagavalli v. Baskaran

C.M.P.No.11664 of 2023 C.M.P.No.11664 of 2023 in C.M.A.SR.No.68502 of 2023 SUNDER MOHAN,J.

This Application has been filed to condone the delay of 238 days in filing the above captioned C.M.A against the decree and judgment passed in M.C.O.P.No.343 of 2016, dated 28.09.2021 on the file of the Motor Accident Claims Tribunal, Chennai/ II Additional Sub Judge, Cuddalore.

2.Mr.M.B.Gopalan takes notice on behalf of the 2nd respondent and submitted that he has no objection in allowing the present petition. 3.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.

4.Heard the learned counsel for the petitioner and the learned counsel for the 2nd respondent.

SUNDER MOHAN,J.

https://www.mhc.tn.gov.in/judis

C.M.P.No.11664 of 2023 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 238 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.11664 of 2023 in C.M.A.SR.No.68502 of 2023 24.07.2023 https://www.mhc.tn.gov.in/judis