Thiruvasagam (A) Thiruvettai v. Aravindasamy

C.M.P.No.22526 of 2022 in C.M.A.SR.No.119921 of 2022 C.M.P.No.22526 of 2022 in C.M.A.SR.No.119921 of 2022 N.ANAND VENKATESH, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 1052 days in filing the above Civil Miscellaneous Appeal against the judgment and decree dated 03.08.2019 made in M.C.O.P.No.492 of 2016 on the file of the Motor Accidents Claims Tribunal / Chief Judicial Magistrate Court, Tiruppur.

2.The respondents 1 & 2 remained exparte before the Tribunal and hence, notice to respondents 1 & 2 is dispensed with. Ms.RathnaThara, learned counsel takes notice on behalf of the 3rd respondent. 3.Heard the learned counsel for the petitioner and learned counsel for 3rd respondent and perused the records.

4.Having satisfied with the reasons assigned in the affidavit filed in support of this petition, the miscellaneous petition is allowed and the delay of 1052 days is condoned.

5.It is made clear that for the period of delay of 1052 days, the appellant will not be entitled for any interest if in the event of this Court enhancing the amount of compensation fixed by the Tribunal. https://www.mhc.tn.gov.in/judis 1/2

C.M.P.No.22526 of 2022 in C.M.A.SR.No.119921 of 2022 N.ANAND VENKATESH, J.

krk 6.The name of the counsel for 3rd respondent shall be printed in the cause list at the time of admission.

03.06.2024 krk C.M.P.No.22526 of 2022 in C.M.A.SR.No.119921 of 2022 https://www.mhc.tn.gov.in/judis 2/2