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Madras High CourtCMP/6690/2016allowed

R. Nirmaladevi v. Rajesh Sipani

2016-08-26Honourable Mr Justice T.Mathivanan1 pages

C.M.P.No.6690 of 2016 in CMA SR.No.58656 of 2015 T.MATHIVANAN.J, Heard the learned counsel for the petitioner.

2. This petition has been filed under Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of 1064 days in filing the CMA SR No.58656 of 2015.

3.Heard Mr.M.A.P.Thangavel, learned counsel appearing for the petitioner. Despite service of notice, there is no representation for the respondent.

3. Learned counsel appearing for the petitioner has submitted that the delay of 1064 days might be condoned on condition of waiving of interest for the break up period.

4.Considering the averments made in the supporting affidavit, this petition filed for condoning the delay of 1064 days in filing the appeal, is ordered, on condition that the petitioners/appellants/claimants, are not entitled for interest on the award amount for the default period, if enhanced.

26.08.2016 vrc