Reliance General Insurance Co.Ltd v. Nanthini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU in C.M.A.SR.No.116038 of 2025 Reliance General Insurance Co.Ltd No.6, Reliance House, 4th Floor, Haddows Road, Nungambakkam, Chennai 600 006.

Appellant(s) Vs

1. Nanthini W/o. Late. E. Karthick, Vettukadu, Melakalani, Sunnambukulam, Gummidipoondi Taluk, Thiruvallur District 601 201.

2.C. Krishna Moorthy S/o. Chakkarabani, No.2, Sri Nagar Main Road, Poonamallee, Thiruvallur District 600 056.

Respondent(s)

Prayer:

Civil Miscellaneous Petition has been filed under Section 173(1) of MV Act, praying to condone the delay of 105 days in filing the above CMA. For Appellant(s):

M/s.G.Thamizharasi For Respondent(s):

No appearance

ORDER

(Order of the Court was made by C.V.Karthikeyan J.) This Civil Miscellaneous Petition has been filed, seeking to condone the delay of 105 days in filing the appeal, challenging the award dated 09.01.2025 in M.C.O.P.No.573 of 2023 on the file of Motor Accident Claims Tribunal, Special Sub Court No.1, Motor Accidents Claims Petition, Small Causes Court, Chennai.

2. Notice has been directed to the respondents and the same had been served. Though the learned counsel had entered appearance for the first respondent and the name of the 2 nd respondent is being printed in the cause list, there is no appearance for both the respondents.

3. In the affidavit filed in support of the miscellaneous petition, it had been stated that owing to change of counsel and the records not being forwarded to the learned counsel, who had to file an appeal, there has been a delay in preferring the appeal.

4. The respondents will be given an opportunity to be heard at the time of hearing the appeal.

5. Taking all the factors into consideration, the delay of 105 days in filing the appeal stands condoned and the Civil Miscellaneous Petition in CMP.No.23191 of 2025 in CMA.SR.No.116038 of 2025 is ordered.

6. Registry is directed to number the appeal, if it is otherwise in order. (C.V.K., J.) (K.B., J.) 04-12-2025 kak Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Special Sub Court No.1, Motor Accidents Claims Petition, Small Causes Court, Chennai.

2.Nanthini W/o. Late. E. Karthick, Vettukadu, Melakalani, Sunnambukulam,

Gummidipoondi Taluk, Thiruvallur Dt 601 201.

3.C. Krishna Moorthy S/o. Chakkarabani, No.2, Sri Nagar Main Road, Poonamallee, Thiruvallur Dt 600 056.

C.V.KARTHIKEYAN, J.

and K.KUMARESH BABU, J.

kak in CMA.SR.No.116038 of

04-12-2025