C. Arun v. R. Rajkumar

in C.M.A.SR.No.79926 of 2025 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 2967 days in filing the above Civil Miscellaneous Appeal against the award dated 17.11.2016 passed in M.C.O.P.No. 590 of 2014, on the file of Motor Accident Claims Tribunal, District Court-II, Kanchipuram.

2. Mr.K.Varadha Kamaraj, learned counsel for appellants submitted that after the death of the first appellant's wife, who was the only bread winner of their family and he is an agricultural coolie and with the meagre amount, he was able to feed his minor children and so due to his illness as well as due to his pathetic situation, the first appellant is not able to instruct counsel on record to prefer the above appeal and only during month of May 2025, he gave papers to him, as a result of which, there is a delay of 2967 days in filing the above Civil Miscellaneous Appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above Civil Miscellaneous Appeal.

3. Despite service of notice, there is no representation on the side of 2nd respondent.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit seems to be justifiable one, this court is inclined to allow this petition. Registry is directed to number the Civil Miscellaneous Appeal if it is otherwise found to be in order. The interest for the delay period is ordered to be waived.

08.08.2025 rpp T.V.THAMILSELVI, J.

rpp C.M.P.No. 12727 of 2025 in C.M.A.SR. No. 79926 of 2025 08.08.2025