S.Kumar, v. Neela,

C.M.P. No. 18691 of 2025 in C.M.A.SR.No.116225 of 2025 C.M.P. No. 18691 of 2025 in C.M.A.SR.No.116225 of 2025 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 113 days in filing the above Civil Miscellaneous Appeal against the award dated 31.07.2024 passed in M.C.O.P.No. 972 of 2022, on the file of Motor Accident Claims Tribunal, II Special Court, Small Causes Court, Chennai.

2. Mr.K.Balaji, learned counsel for appellant submitted that due to ill-health, the appellant is not able to instruct counsel on record to prefer the above appeal and only during month of July 2025, she gave papers to him, as a result of which, there is a delay of 113 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. Mr.K.Swaminathan, learned counsel for 2nd respondent appeared and raised objections stating that no sufficient cause assigned for the delay.

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 and to print the name of Mr.K.Swaminathan, learned counsel for 2nd respondent in the cause list. The interest for the delay period is ordered to be waived. 06.08.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 18691 of 2025 in C.M.A.SR.No.116225 of 2025 T.V.THAMILSELVI, J.

rpp C.M.P.No. 18691 of 2025 in C.M.A.SR. No. 116225 of 2025 06.08.2025 https://www.mhc.tn.gov.in/judis