S.Sathik Basha (Deceased) v. United India Insurance Co.Ltd,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU IN CROS.OBJ SR NO. 42721 OF 2023 S.Sathik Basha (Deceased) S.Thakira Banu, W/o.G.Syed Basha D.No. 602, Annai Sathiya Nagar, Palayapalayam, Erode Tk, Erode Dist.

Appellant(s) Vs 1.United India Insurance Co.Ltd, Branch office, Door No.14/1-77B, Salem Main Road, Puduchampalli Post, Raman Nagar (Post), Mettur Dam, Salem Distict 636 403.

2.M/s.United India Insurance Co. Ltd., Having its Divisional office at No.1171, Muthiah Complex, Mettur Road, Erode District - 638 011.

3.P.Bharanidharan

Son of M.Palanivel, Residing at No.23/2, Amman Nagar, R.S.Road, Pallipalayam, Tiruchengode Taluk, Namakkal District - 637 214.

Respondent(s)

Prayer:

To condone the delay of 172 days in preferring the Cross Appeal in CMA.292 of 2022 against the Judgment and Decree dated 29.04.2021 made in MCOP.No.431 of 2018 on the file of the Motor Accident Claims Tribunal/Special Subordinate Judge, Erode.

For Appellant(s):

Mr.S.Arunprasath For Respondent:

Mr.S.Arunkumar (For R1 & R2)

ORDER

(Order of the Court was made by C.V.Karthikeyan J.) This Civil Miscellaneous Petition has been filed to condone the delay of 172 days in preferring the Cross Appeal against the judgment and decree dated 29.04.2021 in M.C.O.P.No.431 of 2018 relating to which, C.M.A.No.292 of 2022 has already been filed and pending before this Court.

2. In the affidavit filed in support of the petition, explaining the reasons for the delay, it had been stated that necessary amounts towards expenses had to be gathered for preferring the Cross-objections and there was a delay in that process.

3. Heard the learned counsel for the respondent.

4. Taking all the factors into consideration, the delay of 172 days stands condoned and C.M.P.No.8870 of 2023 in Cross Objection SR.No.42721 of 2023 is ordered.

5. Registry is directed to number the Cross Objections, if it is otherwise in order and list the same along with C.M.A.292 of 2022 on 10.12.2025.

6. List the matter on 10.12.2025.

(C.V.K., J.) (K.B., J.) 04-12-2025 kak Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.United India Insurance Co.Ltd, Branch office, Door No.14/1-77B, Salem Main Road, puduchampalli Post, Raman Nagar (Post), Mettur Dam, Salem Dist 636403.

2.United India Insurance Co.Ltd, Having its Divisional office at No.1171, Muthiah Complex, Mettur Road, Erode Dist 638011.

3.P.Bharanidharan S/o.M.Palanivel, No.23/2, Amman Nagar, R.S.Road, Pallipalayam, Tiruchengode Tk, Namakkal Dist 637214.

C.V.KARTHIKEYAN, J.

and K.KUMARESH BABU, J.

kak IN CROS.OBJ SR NO.

42721 OF 2023 04-12-2025