E.Durairaj v. R.Kumaresan

C.M.P. No. 14050 of 2025 in C.M.A.SR.No.130743 of 2024 C.M.P. No. 14050 of 2025 in C.M.A.SR.No.130743 of 2024 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 566 days in filing the above Civil Miscellaneous Appeal against the award dated 11.10.2022 passed in M.C.O.P.No. 173 of 2019, on the file of Motor Accident Claims Tribunal, District and Sessions Judge, Addl. District Court, (Fast Track Court), Kanchipuram.

2. Mr.C.Prabakaran, learned counsel for appellants submitted that due to financial constraints, the first appellant is not able to instruct counsel on record to prefer the above appeal and only during month of September 2024, he gave papers to him, as a result of which, there is a delay of 566 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.C.Paranthaman, learned counsel for 2nd respondent appeared and raised strong objections stating that no proper reason assigned for the delay.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, 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. The interest for the delay period is ordered to be waived.

28.07.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 14050 of 2025 in C.M.A.SR.No.130743 of 2024 T.V.THAMILSELVI, J.

rpp C.M.P.No. 14050 of 2025 in C.M.A.SR. No. 130743 of 2024 28.07.2025 https://www.mhc.tn.gov.in/judis