E. Elumalai v. The Correspondent

C.M.P. No. 29933 of 2024 in C.M.A.SR.No.173015 of 2024 C.M.P. No. 29933 of 2024 in C.M.A.SR.No.173015 of 2024 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 932 days in filing the above Civil Miscellaneous Appeal against the award dated 09.01.2020 passed in M.C.O.P.No. 26 of 2019, on the file of Motor Accident Claims Tribunal No.II, Special Subordinate Judge Court, Tiruvallur.

2. Mr.U.Chithambaram, learned counsel for appellant submitted that due to illness as well as due to financial inability, the appellant was not able to instruct his counsel on record to prefer the above appeal, as a result of which, there is a delay of 932 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. Ms.Salomi, learned counsel for 2nd respondent appeared and she raised strong objections stating that there is no sufficient cause assigned for the delay and prayed to dismiss this petition.

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.

17.06.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 29933 of 2024 in C.M.A.SR.No.173015 of 2024 T.V.THAMILSELVI, J.

rpp C.M.P.No. 29933 of 2024 in C.M.A.SR. No. 173015 of 2024 17.06.2025 https://www.mhc.tn.gov.in/judis