Sornam v. Chiristopher Samuel

C.M.P. No. 13289 of 2025 in C.M.A.SR.No.80065 of 2025 C.M.P. No. 13289 of 2025 in C.M.A.SR.No.80065 of 2025 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 109 days in filing the above Civil Miscellaneous Appeal against the award dated 15.10.2024 passed in M.C.O.P.No.559 of 2019, on the file of Motor Accident Claims Tribunal, Addl. District Court (FTC), Kancheepuram.

2. Mr.V.Varadha Kamaraj, learned counsel for appellants submitted that due to illness, the first appellant is not able to instruct counsel on record to prefer the above appeal and only during month of May 2025, she gave papers to him, as a result of which, there is a delay of 109 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 respondents.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is 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.

18.08.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 13289 of 2025 in C.M.A.SR.No.80065 of 2025 T.V.THAMILSELVI, J.

rpp C.M.P.No. 13289 of 2025 in C.M.A.SR. No. 80065 of 2025 18.08.2025 https://www.mhc.tn.gov.in/judis