New India Assurance Company Limited v. S.Bala Subramanian

C.M.P.No.20471 of 2021 in C.M.A.SR.No.45724 of 2021 K.KALYANASUNDARAM, J and V.SIVAGNANAM, J The learned counsel for the petitioner, Mrs.S.R.Sumathy, would submit that as against the claim of Rs.20 lakhs, the Tribunal has passed an award of Rs.34 lakhs.

2.It is also stated that the injured claimant has deliberately refused to receive the notice sent by the learned counsel for the petitioner.

3.According to the learned counsel, owner of the vehicle remained exparte before the Tribunal.

4.On perusal of the notice sent to the claimant shows that despite intimation, the claimant failed to receive the notice sent through registered post.

5.In the light of the above facts, delay of 215 days in filing the Civil Miscellaneous Appeal is hereby condoned and this Civil Miscellaneous Petition is ordered accordingly.

(M.K.K.S.J.) (V.S.G.J.) 01.02.2022 Jer Note:Registry is directed to number the Civil Miscellaneous Appeal, if it is otherwise in order.

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