Soundararajan v. Gobi

CMP No. 19771 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI CMP No. 19771 of 2024 AND CMA SR NO. 59580 OF 2024 Soundararajan .. Petitioner Vs

1. Gobi

2. Sankar

3. HDFC ERGO General Insurance Co Ltd.

Empire Arcade, No. 356/1, New Bus Stand, Omalur Main Road, Salem District 636 004. .. Respondents Prayer : This Civil Miscellaneous Petition is filed under Section 173(1) of Motor Vehicles Act, 1988 to condone the delay of 288 days in filing the above CMA against order dated 16.11.2022 made in MCOP No.75 of 2020 on the file of the Motor Accidents Claims Tribunal / Special Subordinate Court No.II, Salem.

For Petitioner : Mr.C.Paraneedharan For R2 : No Appearance For R3 : Mr.K.Vinod

ORDER

Heard the learned counsel for the petitioner and the learned counsel for the third respondent.

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

CMP No. 19771 of 2024 R.KALAIMATHI, J.

KKD

2. The learned counsel for the third respondent has raised serious objection in allowing this petition.

3. The petitioner would aver that after being discharged from the hospital , she was taking continuous treatment and undergoing periodical check-ups. Because of her ill health and due to financial constraints, delay of 288 days occurred 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 242 days shall stand waived.

20-04-2026 KKD To The Motor Accidents Claims Tribunal, Special Subordinate Court No.II, Salem.

CMP No. 19771 of 2024 AND CMA SR NO. 59580 OF 2024 __________ https://www.mhc.tn.gov.in/judis