JAYARAMAN Vs. THENMOZHI

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order passed by the Motor Vehicles Claims Tribunal, dismissing the application filed by the petitioner to condone the delay of 61 days in filing the application to set aside the ex-parte award passed against the petitioner.

(2.) The respondents herein filed a Motor Vehicles Claim petition seeking compensation for the death of one Dhandapani, who is the husband of the first respondent, father of the respondents 2 to 4 and son of the respondents 5 and 6. The petitioner herein is the owner cum driver of the offending vehicle. In the claim petition, the Tribunal passed an ex-parte award against the petitioner on 14/7/2014 due to non appearance of the petitioner. Therefore, the petitioner filed an application to set aside the ex-parte award on 14/10/2015 with a petition to condone the delay of 61 days in filing the application seeking to set aside the ex-parte award. The Tribunal dismissed the condone delay petition and aggrieved by the same, the petitioner is before this Court.

(3.) The learned counsel appearing for the petitioner submits that at the relevant point of time, the petitioner was unable to attend the Court due to sudden illness and his absence was not wilful one.