N.Balashanmugam v. T.Rajesh

CMP No. 15505 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI CMP No. 15505 of 2024 AND CMA SR NO. 91459 OF 2024

1. N.Balashanmugam

2. B.Yazhini

3. Minor.B.Jaivinchandar Minor 3rd petitioner rep.by his Guardian/father 1st respondent N.Balashanmugam. .. Petitioners Vs.

1. T.Rajesh

2. The Branch Manager National Insurance Co.Ltd, No. 222/3, Rasi Agencies, Opp to Axis Bank, Anna Salai, Thavuttupalayam, Anthiyur, Erode District. .. Respondents Prayer : This Civil Miscellaneous Petition is filed under Section 173(1) of the Motor Vehicles Act, 1988 to condone the delay of 777 days in filing the above CMA against the Judgment and Decree dated 21.10.2019 in MCOP No. 374 of 2017 on the file of the Motor Accidents Claims Tribunal, Sub Court, Perundurai.

For Petitioners : Mr.R.Nalliyappan For R1 : Ex-parte For R2 : Mr.C.Paranthaman

ORDER

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

CMP No. 15505 of 2024 R.KALAIMATHI, J.

KKD

2. Mr.C.Paranthaman, learned counsel undertakes to file vakalat for R2..

3. The first petitioner would aver that there was a delay in obtaining the certified copies from the trial Court, as the certified copy was delivered in the month of December 2020, due to Covid-19 Pandemic, further delay occurred; meanwhile, the Advocate engaged by the petitioner in the High Court passed away; hence, there is delay of 777 days in preferring the above civil miscellaneous appeal.

4. Accepting the averments made in the affidavit filed in support of this petition, this petition is allowed subject to the condition that the interest for the delay period of 777 days shall stand waived.

20-04-2026 KKD To The Motor Accidents Claims Tribunal, Sub Court, Perundurai.

CMP No. 15505 of 2024 AND CMA SR NO. 91459 OF 2024 __________ https://www.mhc.tn.gov.in/judis