The Managing Director v. Nasreen Taj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMA SR NO. 122283 OF 2022 The Managing Director Tamil Nadu State Transport, Corporation Limited (Villupuram) Division, Vellore Region Veloore.

Appellant(s) Vs

1. Nasreen Taj 2.Minor. Roshan Jameer (Minor rep by next friend Mother and Natural guardian Nasreen Taj 3.Minor. Hefza (Minor rep by next friend Mother and Natural guardian Nasreen Taj 4.Aseefa 5.Waheeda 6.Syed Khadar 1/5

7.Reliance General Insurance Co.Ltd., No. 570 Nalgaum cross road, Next to Royal Estate Wadala (w) Mumbai - 400 031.

Respondent(s) PRAYER To condone the delay of 2515 days in filing the above CMA Sr.No.122283 of For Appellants:

Mr. C.R.Sureshkumar For Respondents:

RR 1, 4 and 5 - Insufficient Address RR 6 and 7 - Left RR 2 and 3 - Minors (rep. By R1)

ORDER

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 2515 days in filing the above Civil Miscellaneous Appeal against the award dated 22.01.2016 passed in M.C.O.P.No. 207 of 2014, on the file of Motor Accident Claims Tribunal, Special District Court, Krishnagiri.

2. Mr.C.R.Sureshkumar, learned counsel for appellant submitted that as the tribunal has not given opportunity to contest the case, the appellant transport 2/5

corporation filed the C.R.P.No.2576 of 2016 and this court passed an order stating that any defence may raise in the appeal against the award passed by the tribunal. Now, the appellant preferred this appeal. Hence, there is a delay of 2515 days in filing the above Civil Miscellaneous Appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above Civil Miscellaneous Appeal.

3. Considering the facts and circumstances and the reasons stated by the petitioner in the affidavit is justifiable one, this court is inclined to allow this petition on condition that the petitioner shall deposit 50% of the award amount before the tribunal to the credit of Claim Petition in M.C.O.P. No. 207 of 2014 within a period of four weeks from the date of receipt of copy of this order. On such deposit, Registry is directed to number the Civil Miscellaneous Appeal if it is otherwise found to be in order. On deposit of 50% of award amount, the claimants are permitted to withdraw the said award amount on filing undertaking affidavit.

28-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp 3/5

To

1. Motor Accident Claims Tribunal, Special District Judge, Krishnagiri.

2. Section Officer, VR Section, Madras High Court. 4/5

T.V.THAMILSELVI J.

rpp AND CMA SR NO.

122283 OF 2022 28-08-2025 5/5