This single-paragraph order condones a delay of 2255 days in filing a Motor Accident Claims Commission Application. The Court directed the appellant to forfeit interest for the delay period if the award is enhanced on merits.
Condonation of 2255 days delay with direction to forfeit interest for the delay period in the event of award enhancement.
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C.M.P.No.14350 of 2023
C.M.P.No.14350 of 2023 in C.M.A.SR.No.52230 of 2023
SUNDER MOHAN,J.
This Application has been filed to condone the delay of 2255 days in filing the above captioned C.M.A against the decree and judgment passed in MCOP.No.294 of 2013, dated 06.06.2016 on the file of the Motor Accident Claims Tribunal, Principal Subordinate Court, Thiruvannamalai.
2.Mr.D.Bhaskaran, learned counsel takes notice for the 2nd respondent and fairly submitted that he has no objection for the above petition being allowed on condition that the appellant shall forfeit the interest for the delay period, in the event of this Court enhancing the Award amount.
3.Though notice was served on the 1st respondent, none had
entered appearance on his behalf before this Court.
4.Heard both sides.
5.Considering the averments made in the affidavit filed in
support of this application and being satisfied with the same, the delay is https://www.mhc.tn.gov.in/judis
C.M.P.No.14350 of 2023
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SUNDER MOHAN,J.
condoned on the condition that the appellant shall not claim interest for the delay period of 2255 days, in the event of this Court enhancing the Award amount. Hence, this application is ordered as prayed for.
4.Registry is directed to number the C.M.A., if it is otherwise in order and the list the same on 14.09.2023.
07.09.2023
C.M.P.No.14350 of 2023 in C.M.A.SR.No.52230 of 2023
07.09.2023
1 issue framed by the court
Whether the delay in filing the Commutation/Revision Petition of 2255 days should be condoned.
Appellant
2nd Respondent
1st Respondent
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
