Anbumani v. E. Palani

CMP No.5051 of 2023 in C.M.A.SR.No.72569 of 2022 N.MALA, J., This petition is filed to condone the delay of 1286 days in preferring the above appeal against the judgment and decree dated 29.08.2018 made in M.C.O.P.No.2104 of 2014 on the file of the Motor Accident Claims Tribunal, Principal District Court, Cuddalore.

2. Learned counsel appearing for the petitioners submitted that the award amount was deposited on 11.09.2018 and the first payment out was ordered in December 2021 and the second payment out was ordered in April 2022. The learned counsel further submitted that the petitioners were not able to file the appeal in time for the reasons stated in the affidavit filed in support of this petition.

3. Learned counsel appearing for the 2nd respondent/Insurance Company submitted that she has no objection to the delay of 1286 days being condoned, subject to the condition that the interest for the delay period of 1286 days is forfeited.

https://www.mhc.tn.gov.in/judis 1/2

N.MALA.J, kj

4. In the light of the above submissions made by the respective counsel, the delay of 1286 days is condoned and the petition is accordingly ordered, on condition that the petitioners shall forfeit the interest for the delay period of 1286 days.

12.06.2023 kj CMP No.5051 of 2023 in C.M.A.SR.No.72569 of 2022 https://www.mhc.tn.gov.in/judis 2/2