P.Muthuselvi, W/O.A.Pitchaiperumal, v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2023

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN C.R.P.(MD)No.2115 of 2019 P.Muthuselvi : Petitioner Vs.

1.The Managing Director, State Express Transport Corporation Ltd., Pallavan Salai, Chennai.

2.Simplex Infrastructures Ltd., Simple House, 27, Shakespeare, Sarani, Kolkata, West Bengal - 600 017.

3.Reliance General Insurance Company Ltd., 11th Cross Main Road, Thillainagar, Trichy - 18.

: Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order dated 06.10.2018 made in I.A.No.602 of 2018 in M.C.O.P.No.160 of 2015 on the file of 1/5

the Motor Accident Claims Tribunal Cum Principal District Judge, Trichy and allow this Civil Revision Petition. For Petitioners : Mr.N.Sudhagar Nagaraj For Respondent No.1 : Mr.P.Prabhakaran For Respondent No.2 : No appearance For Respondent No.3 : Mr.V.Sakthivel

O R D E R

This Civil Revision Petition is filed praying to set aside the order dated 06.10.2018 made in I.A.No.602 of 2018 in M.C.O.P. No.160 of 2015 on the file of the Motor Accident Claims Tribunal Cum Principal District Judge, Trichy.

2.Heard the learned Counsel on either side.

3.The petitioner has come forward with this petition on account of the dismissal of Section 5 application, where a delay of 555 days was not condoned.

4.Learned Counsel for the petitioner would submit that the delay has happened only because of his ill-health and other attending circumstances.

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5.Without going into the merits of the matter, learned Counsel for the first respondent would fairly concede that waiving the interest from 21.12.2016 to till date, this petition may be allowed.

6.Learned Counsel for the petitioner also has got no serious objections for the submission made by the learned Counsel for the first respondent.

7.Recording the submissions made by the learned Counsels on either side, this Civil Revision Petition is allowed on condition that the petitioner / claimant is not entitled for interest from 21.12.2016 to till today [29.09.2023]. There shall be no order as to costs. 29.09.2023 Index : Yes / No Internet : Yes / No MR 3/5

To 1.The Motor Accident Claims Tribunal Cum Principal District Judge, Trichy.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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C.KUMARAPPAN, J., MR C.R.P(MD)No.2115 of 2019 29.09.2023 5/5