This court condoned a delay of 616 days in filing a Civil Miscellaneous Appeal against a Motor Accident Claims Tribunal award. The delay was attributed to obtaining legal opinions. The court directed payment of court costs to a trust.
Delay condoned on condition of payment of Rs. 5,000 to Anbu Karangal trust by 23.12.2020.
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C.M.P.No.20578 of 2019
in C.M.A.SR.No. 77214 of 2019
V.BHARATHIDASAN, J.
This Civil Miscellaneous Petition has been filed seeking to
condone the delay of 616 days in filing the above Civil Miscellaneous Appeal.
respondents were also printed in the cause list, none appearing on behalf of respondents.
submitted that the appeal has been filed by the insurance company against the award passed by Motor Accident Claims Tribunal, Sub-Court, Sankagiri. It is stated that after the award, the papers were submitted to
the headquarters at Bombay to get the legal opinion and sought for
another opinion from the High Court panel advocate, and after getting necessary approval, the appeal has been filed. In that course, the delay
was occurred.
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appearing for petitioner as well as averments in the affidavit filed in support of this petition, this Court is inclined to condone the delay on payment of costs. Accordingly, the petitioner is directed to pay a sum of Rs.5,000/- (Rupees five thousand only) to “Anbu Karangal, 1/216, Vivekananda Street, Kottivakkam, Thiruvanmiyur, Chennai, Tamil Nadu – 600 041. (Phone – 044 2492 8282).”, on or before 23.12.2020, failing
which, this petition shall stand dismissed automatically.
09.12.2020 rpp
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1 issue framed by the court
Whether the delay in filing the Civil Miscellaneous Appeal should be condoned.
Insurance Company
Respondents
V.BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
