Jaya v. K.Thandapany

CMP.No.8758 of 2025 in CMA.SR.No.46872 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2025

CORAM

THE HONOURABLE MRS JUSTICE R.KALAIMATHI C.M.P.No.8758 of 2025 in CMA.SR.No.46872 of 2025 Jaya .. Petitioner vs.

1.K.Thandapany 2.United India Insurance Co.,Ltd., Silingi Buildings, 4th Floor, No.134, Greams Road, Chennai 600 006. . .. Respondents Prayer : This Civil Miscellaneous Petition is filed under Section 173(1) of the Motor Vehicles Act, 1988 to condone the delay of 2431 days in filing the appeal against the Award dated 18.12.2017 passed in M.A.C.T.O.P.No.3186 of 2015 by the Motor Accident Claims Tribunal ( V Small Causes Court) Chennai.

For Petitioner : Mrs.M.Malar For R2 : Mr.P.Sankaranarayanan

O R D E R

This petition has been filed to condone the delay of 2431 days in filing the above Civil Miscellaneous Appeal.

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

https://www.mhc.tn.gov.in/judis

CMP.No.8758 of 2025 in CMA.SR.No.46872 of 2025 R.KALAIMATHI,J.

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3. The legal heir of the deceased Jeppiar has filed this petition stating that, on account of the sudden death of her son, she has no other members in her family except her son. Hence, the delay was neither wilful nor wanton, but only due to the above said circumstances.

4. The learned counsel for the second respondent has no objection in allowing this petition.

5. Accepting the averments made in the affidavit filed in support of this petition, this petition stands allowed subject to the condition that the interest for the delay period from 18.03.2018 to 21.03.2025 shall stand waived. 10.09.2025 kkd To The Motor Accident Claims Tribunal ( V Small Causes Court) Chennai.

C.M.P.No.8758 of 2025 in CMA.SR.No.46872 of 2025 https://www.mhc.tn.gov.in/judis