Latha v. Gowtham

CMP.No.9847 of 2025 in CMA SR.No.58883 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM

THE HONOURABLE MRS JUSTICE R.KALAIMATHI C.M.P.No.9847 of 2025 in CMA.SR.No.58883 of 2025 Latha ... Petitioner vs.

1.Gowtham 2.ICICI Lombard General Insurance Company Limited, S.F.No.6/5, Block No.7, Ward C, Sornambigai Plaza, Near New bus stand, Omalur Main Road, Fairlands, Salem 636 009. ... Respondents Prayer : This Civil Miscellaneous Petition is filed under Section 173(1) of the Motor Vehicles Act, 1988 to condone the delay of 564 days in filing the above appeal.

For Petitioner : Mr.D,Rameshkumar For R2 : Mr.M.Jayaraj

O R D E R

This Civil Miscellaneous Petition has been filed to condone the delay of 564 days in filing the above appeal.

2. Heard the learned counsel for the petitioner.

3. The learned counsel for the second respondent has raised serious objection, provided the interest for the delay period is waived. https://www.mhc.tn.gov.in/judis

CMP.No.9847 of 2025 in CMA SR.No.58883 of 2025 R.KALAIMATHI,J.

kkd

4. The petitioner would aver that the case records was misplaced. Due to the death of her husband on account of a road traffic accident, she could not raise funds. Hence, delay of 564 days occurred in filing the civil miscellaneous appeal.

5. In consideration of the above said details and in order to render effective justice, this Court is inclined to allow this petition, subject to the condition that the interest for the delay period of 564 days shall stand waived. 08.10.2025 kkd To The Motor Accident Claims Tribunal, (Special District Court), Dharmapuri.

C.M.P.No.9847 of 2025 in CMA.SR.No.58883 of 2025 https://www.mhc.tn.gov.in/judis