New India Assurance Co Ltd v. G.Parthasarathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-04-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI in CMA Sr.No.149655 of 2025 New India Assurance Co. Ltd No.232, NSC Bose Road, 6th Floor, Bombay Mutual Building, Chennai 104.

..Petitioner(s) Vs.

1. G.Parthasarathy S/o. Govindarajan, No. 1, Govardhana Nagar, 3rd Street, Mettukuppam, Nerkunram, Chennai-107.

2. P.Ashok Kumar S/o. Parameswaran Pillai, Flat No. F-602, The Royal Castle, Thirumudivakkam, Chennai-44.

..Respondent(s) Prayer: Civil Miscellaneous Petition is filed under Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of 358 days in filing the above CMA against the order dated 18.04.2024 passed in MCOP No.1201 of 2022, on the file of Motor Vehicles Accident Claims Tribunal, cum Chief Judge Court, Chennai.

For Petitioner(s) :

Mr.C.Johnson For R1 and R2(s):

No Appearance

ORDER

This petition has been filed to condone the delay of 358 days in filing the above appeal.

2. Heard the learned counsel for the petitioners.

3. Despite the receipt of notice, the respondents no. 1 and 2 neither appeared nor represented through their counsel.

4. The petitioner would aver that in order to obtain legal opinion and process the appeal, delay of 358 days occurred in preferring the Civil Miscellaneous Appeal.

5. Accepting the averments made in the petition, this petition shall stand allowed on payment of cost of Rs.500/- payable in favour of the Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai - 20 (payable in S.B.A/c.No.149710011000002, Union Bank of India, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai-36, Branch Name and Code : 1497, MICR No.600011049, IFSC Code : UBIN0814971), on or before 02.06.2026. Failing which, this petition shall stand automatically dismissed without any further reference to this Court.

22.04.2026 To

1. The Motor Vehicles Accident Claims Tribunal -cum- Chief Judge Court, Chennai.

2. The Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai - 20.

R.KALAIMATHI, J.

MAC in CMA Sr.No.149655 of 2025 22-04-2026