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Madras High CourtCMP/18744/2018ordered

N.Ravi v. M.Ramani

2019-09-12Honourable Mr Justice R. Mahadevan1 pages

CMP No.18744 of 2018 in CMA (SR) No.102791 of 2018 R.MAHADEVAN, J.

This petition is filed by the petitioner / appellant / claimant seeking to condone the delay of 2,823 days in filing the above Appeal.

2. Heard both sides.

3. The learned counsel for the petitioner submitted that in respect of the same accident, for a fatal claim, the Insurer has deposited the entire amount as awarded by the Tribunal and the legal heirs of the deceased were withdrawn their share of compensation and minor share has been deposited in the Bank.

4. The learned standing counsel for R-2 / Insurance Company stated No Objection for ordering this petition, subject to the condition that the claimant may not be permitted to receive interest for the default period.

5. In view of the above submission and having regard to the reasons stated in the accompanying affidavit filed in support of this petition and being satisfied with the same, the delay is condoned subject to the following conditions:- (i) The petitioner / appellant shall pay a sum of Rs.1000/- as cost, to the "Tamil Nadu Legal Services Authority, Chennai"

on or before 26.09.2019.

(ii) The petitioner / appellant / claimant is not entitled to any interest for the default period, in the event of succeeding in the Appeal.

6. This petition is ordered accordingly.

srk 12.09.2019 http://www.judis.nic.in