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Madras High CourtCMP(MD)/7086/2017ordered

Jeeva Thenmozhi v. Tamil Nadu State Transport

2018-02-02Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Second day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CMP(MD) No.7086 of 2017 IN CMA(MD) No.SR27140 of 2017 1 JEEVA THENMOZHI 2 SATHYA SEELAN 3 TAMIL SELVAN ... APPELLANTS/PETITIONERS Vs TAMIL NADU STATE TRANSPORT CORPORATION, THROUGH ITS MANAGING DIRECTOR, BYE PASS ROAD, MADURAI.

... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 528 days in filing appeal. PRAYER IN CMA(MD) No.SR27140 of 2017:

to set aside the Judgment and Decree passed in M.A.C.O.P. No.1605 of 2013 dated 27.10.2015 on the file of the Motor Accident Claims Tribunal (3rd Additional District Judge), (P.C.R) Madurai and enhance the award amount of Rs.3,16,000/- ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.JEEN JOSEPH, Advocate for the petitioner, the court made the following order:- The learned counsel for the petitioner is present. Court notice upon the respondent was served. The respondent is absent.

The reasons assigned in para No.6 of the affidavit is perused. However, the delay is more than one year.

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The petitioners counsel agrees to waive the interest for the default period.

Considering the above the delay is condoned subject to the condition that the petitioner is not entitled to claim any interest for the default period.

This petition is allowed.

sd/- 02/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE 3RD ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI

ORDER

IN CMP(MD) No.7086 of 2017 IN CMA(MD) No.SR27140 of 2017 Date :02/02/2018 SMA/PM-PN/SAR-3/08.02.2018:2P/2c https://hcservices.ecourts.gov.in/hcservices/