M/S. New India Assurance Co. v. Tmt. M. Nagajothi (Died)

C.M.P.No.8973 of 2016 in C.M.A.SR.No.33376 of 2016 T. MATHIVANAN.J., This petition has been filed under Section 173 (1) of the Motor Vehicles Act 1988 to condone the delay of 897 days in filing the above Civil Miscellaneous Appeal filed against the Judgment in M.C.O.P.No.4305 of 2006 dated 12.08.2013 on the file of the M.A.C.T. of (VI Judge) Small Causes Court at Chennai District.

2. Heard the learned counsel appearing for the petitioner.

3. The learned counsel appearing for the petitioner would submit that after getting the certified copies of the judgment and decree they were belatedly sent to the Regional Office on 25.01.2015 for getting an opinion to prefer the appeal. The respondents filed their counter statement today, objecting the petition to condone the delay.

4. This Court has perused the averments of the affidavit filed in support of the petition as well as the counter affidavit. On considering the reasons assigned therein, this Court is inclined to allow this petition on payment of cost of Rs.1000/- to the learned counsel for the respondent. Cost is paid today. Hence, this petition is allowed.

T. MATHIVANAN.J., nvi

5. Hence, the Registry is directed to number the appeal and post the same on 29.07.2016 for admission.

27.06.2016 nvi C.M.P.No.8973 of 2016 in C.M.A.SR.No.33376 of 2016