The Manager v. Raju

C.M.P.Nos.3507 & 3508 of 2016 in in C.M.A. Nos.SR98967 & 98968 of 2015 T.RAJA, J.

These petitions have been filed to condone the delay of 43 days in in filing C.M.A. Nos.SR98967 and 98968 of 2015 against the judgment and decree dated 02.06.2015 made in M.C.O.P. Nos.234 and 235 of 2012 on the file of the Motor Accidents Claims Tribunal, (Special District Court), Salem. 2.Learned counsel appearing for the petitioner/Insurance Company would submit that after the award was passed on 02.06.2015, the counsel applied for the certified copies in the lower Court on 06.06.2015 and the same were delivered on 24.07.2015 and thereafter, the lower Court counsel forwarded the certified copies to the Insurance Office. Thereafter, the same was placed before the Appeal Committee, who has to decide whether it is a fit case for appeal and the Appeal Committee has taken time to prefer the appeal before this Court.

In this process, the delay of 43 days has occurred. Adding further, learned counsel for the petitioner would submit that since the head office located in Jaipur and due to some communication gap, the aforesaid delay has occurred, which was neither willful nor wanton and the delay is bona fide one.

2.Learned counsel for the respondents has no serious objection in allowing these petitions..

T.RAJA, J kal 3.Having regard to the submission of the learned counsel for the petitioner and no objection raised by the learned counsel for the respondents, these petitions are allowed and the delay is condoned. 21.10.2016 kal Note: Registry is directed to number the appeals post the same on 24.10.2016 C.M.P.Nos.3507 & 3508 of 2016 in C.M.A. Nos.SR98967 & 98968 of 2015