M. Sakthivel v. Murugathal
Case brief
What is this about?
The Court condoned a delay of 286 days in filing an appeal in the Motor Accident Claims Tribunal. Permission was granted subject to the condition that no interest would be awarded for the delay period.
What did the court decide?
Delay condoned; no interest for delay period. Appeal numbered and posted for admission.
What the court decided
A compact analysis
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C.M.P.No.21688 of 2021 in C.M.A.SR.No.70737 of 2021
RMT.TEEKAA RAMAN, J.,
This Petition has been filed to condone the delay of 286 days in preferring the above appeal SR.No.70738 of 2021 against the fair and decreetal order dated 01.03.2019 made in M.C.O.P.No.335 of 2012 on the file of Motor Accident Claims Tribunal (Sub Court), Sathyamangalam.
2.The notice has been served on both the parties.
3.The learned counsel for the respondents has no objection for allowing this petition.
- Having satisfied with the reasons stated in the affidavit filed in support of this petition, the delay of 286 days is condoned subject to the condition that the claimant/petitioner will not be entitled to any interest for the delay period i.e., for 286 days, in the appeal.
- Registry is directed to number the Civil Miscellaneous Appeal, if it is otherwise in order and post the same for admission.
- Registry is further directed to print the name of the respondents counsel in the cause list, at the time of admission.
nvi
05.01.2023
Issues for consideration
2 issues framed by the court
Whether the delay of 286 days in filing the appeal under Section 164 of the Motor Vehicles Act may be condoned.
What conditions ought to be imposed for condoning the delay in the appeal under Section 164 of the Motor Vehicles Act.
Parties & counsel
- petitioner
RMT TEEKAA RAMAN
- respondent
Respondents
Coram
RMT TEEKAA RAMAN J
Case details
As recorded by the court registry
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