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Madras High CourtCMP/387/2023ordered

Kumari v. N.Gomathi

2024-06-03Honourable Mr Justice N. Anand Venkatesh2 pages

C.M.P.No.387 of 2023 in C.M.A.SR.No.131909 of 2022 C.M.P.No.387 of 2023 in C.M.A.SR.No.131909 of 2022 N.ANAND VENKATESH, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 164 days in filing the above Civil Miscellaneous Appeal against the order in M.C.O.P.No.1167 of 2019 dated 09.02.2022 on the file of the Motor Accidents Claims Tribunal, The Special District Court, Krishnagiri. 2.Notice has been served on the 1st respondent and the name of the 1st respondent has been printed in the cause list. The 2nd respondent - Insurance Company is represented through a counsel. The 3rd respondent was set exparte even before the Tribunal and hence, notice is dispensed with. 3.Heard the learned counsel for the petitioner and learned counsel for 2nd 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 164 days is condoned.

5.It is made clear that for the period of delay of 164 days, the appellants 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.387 of 2023 in C.M.A.SR.No.131909 of 2022 N.ANAND VENKATESH, J.

krk 6.The name of the counsel for 2nd respondent shall be printed in the cause list at the time of admission.

03.06.2024 krk C.M.P.No.387 of 2023 in C.M.A.SR.No.131909 of 2022 https://www.mhc.tn.gov.in/judis 2/2