M.Sengodan v. Senthil

CMP.No.8791 of 2024 in CMA SR.No.45404 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2025

CORAM

THE HONOURABLE MRS JUSTICE R.KALAIMATHI C.M.P.No.8791 of 2024 in CMA.SR.No.45404 of 2024 M.Sengodan ... Petitioner vs.

1.Senthil 2.M/s.National Insurance Co., Ltd., No.74A, Paramathy Road, Namakkal Taluk & District, 637 001. ... Respondents Prayer : This Civil Miscellaneous Petition is filed under Section 173(1) of the Motor Vehicles Act, 1988 to condone the delay of 1561 days in filing the above appeal .

For Petitioner : Mr.MA.P.Thangavel For Respondents : No Appearance

O R D E R

This Civil Miscellaneous Petition has been filed to condone the delay of 1561days in filing the above appeal.

CMP.No.8791 of 2024 in CMA SR.No.45404 of 2024 R.KALAIMATHI,J.

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2. Heard the learned counsel for the petitioner.

3. None represents the second respondent/Insurance Company.

4. The petitioner would aver that the Award was passed on 10.08.2019 in MCOP.No.794 of 2016 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court), Namakkal. Thereafter due to Covid-19 Pandemic, the petitioner is not in a position to move anywhere. Thereafter, due to his financial constraints, delay of 1561 days occurred in preferring the civil miscellaneous appeal.

5. As the reasons assigned by the petitioner in the affidavit appear to be reasonable and acceptable, this Court is inclined to allow this petition, subject to the condition that the interest for the delay period of 1561 days shall stand waived.

26.09.2025 kkd To The Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Namakkal. C.M.P.No.8791 of 2024 in CMA.SR.No.45404 of 2024 (2/2)