N. Manoharan v. V.S.T Motors Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. SOUNTHAR in CMA.SR.No.36126 of 2025 N. Manoharan S/o Nalla Gounder, A Coma person rep. by his N/F, Father Nalla Gounder, S/o. Ramasamy, previously res. at 139/8, Periya Alangkadu, Vadungapalayam Post, Mallasamudram, Tiruchengode Taluk, Namakkal District. Now, res. at Palaniyappa Nagar, Sooramangalam, Salem Taluk and District.

Appellant(s) Vs V.S.T Motors Limited 250/2, Meyyanur, Alagapuram Post, Salem Taluk and District. and another Respondent(s) For Appellant(s):

Mr.C.Kulanthaivel For Respondent(s):

M/s.S.Raghunathan for R1 M/s.J.Micheal Visuvasam for R2

ORDER

Mr.J.Michael Visuvasam, the learned counsel takes notice for the second respondent.

2. Heard the learned counsel for the petitioner and the first respondent.

3. Learned counsel appearing for the first respondent vehemently opposed the condone delay petition on the ground that the petitioner has not given any reason to explain the cause for the delay in filing the Appeal.

4. In the affidavit filed in support of the condone delay petition, it is asserted by the petitioner that after the accident had taken place on 03.02.2011, the petitioner has been in the coma stage for almost fourteen

years. The petitioner has been under continuous medical treatment for all these years and the claim petition itself was filed only through his next friend/guardian. In view of the ill-health of the petitioner, the guardian of the petitioner could not take effective steps to file the appeal immediately.

5. In view of the reasons stated in the affidavit filed in support of this petition, this Court is inclined to condone the delay of 407 days in filing the CMA.SR.No.36126 of 2025.

6. Accordingly, this Civil Miscellaneous Petition is allowed. It is made clear that the petitioner/claimant is not entitled for any interest for the delay period of 407 days.

7. Registry is hereby directed to number the Appeal, if it is otherwise in order.

8. Registry is directed to print the name of Mr.S.Raghunathan,

learned counsel for the first respondent and Mr.J.Michael Visuvasam, learned counsel for the second respondent in the cause list at the time of admission.

02-04-2025 jai To

1. V.S.T Motors Limited 250/2, Meyyanur, Alagapuram Post, Salem Taluk and District.

2. The New India Assurance Co. Ltd.

17, Fort Main Road, Shevapet, Salem Taluk and District.

S. SOUNTHAR, J.

jai in CMA.SR.No.36126 of 2025 02.04.2025