Kokila v. L.N.Annamalai

CMP.No.11563 of 2025 in CMA SR.No.72653 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2025

CORAM

THE HONOURABLE MRS JUSTICE R.KALAIMATHI C.M.P.No.11563 of 2025 in CMA.SR.No.72653 of 2025 1.Kokila 2.Minor.Kowshika 3.Minor.Prathiksan 4.Malarselvi ... Petitioners vs.

1.L.N.Annamalai 2.M/s.Reliance G.I.Co., Ltd., Sri Lakshmi Complex, 1st Floor, Bharathi Street, Omlaur Main Road, Swarnapuri, Salem. ... Respondents Prayer : This Civil Miscellaneous Petition is filed under Section 173(1) of the Motor Vehicles Act, 1988 to condone the delay of 593 days in filing the above appeal against the Judgment and decree dated 01.06.2023 passed in M.C.O.P.No.1433 of 2021 on the file of the Motor Accident Claims Tribunal (Special District Court), Salem.

For Petitioner : Mr.S.P.Yuaraj For R1 : No Appearance For R2 : Mr.P.Suresh Srinivasan

O R D E R

This Civil Miscellaneous Petition has been filed to condone the delay of 593 days in filing the above appeal.

2. Heard the learned counsel for the petitioner . https://www.mhc.tn.gov.in/judis

CMP.No.11563 of 2025 in CMA SR.No.72653 of 2025 R.KALAIMATHI,J.

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3. Mr.P.Suresh Srinivasan, learned counsel takes notice for R2 and he has no serious objection for allowing this petition.

4. Despite the receipt of notice, the first respondent neither appeared nor engaged counsel.

5. The learned counsel for the second respondent would submit that entire award amount has already been deposited before the Special District Court, Salem and the same has been withdrawn by the claimants herein.

6. The claimant would state that her husband died on account of the accident that occurred on 13.08.2021. Due to financial crisis, she is not in a position to contact her advocate. Hence, the delay of 593 days occurred.

7. In such circumstances, in order to render effective justice, the delay of 593 days is condoned, and this petition is allowed subject to the condition that the interest for the delay period of 593 days shall stand waived. 22.09.2025 kkd To The Motor Accident Claims Tribunal, (Special District Court), Salem. C.M.P.No.11563 of 2025 in CMA.SR.No.72653 of 2025 https://www.mhc.tn.gov.in/judis