Krishanaveni v. S.Ramasubba Reddy,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-11-2025

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR C.M.P. No. 29694 of 2025 in C.M.A.SR.No.76940 of 2020

1. Krishanaveni Res. at No. 4/246, 9th Street, MGR Nagar, Kottivakkam, Chennai-41.

2. Kaviya (Minor) Res. at No. 4/246, 9th Street, MGR Nagar, Kottivakkam, Chennai-41.

Rep. by their mother and next friend Krishnaveni.

3. Soniya (Minor) Res. at No. 4/246, 9th Street, MGR Nagar, Kottivakkam, Chennai-41.

Rep. by their mother and next friend Krishnaveni.

Appellant(s) Vs

1. S.Ramasubba Reddy,

No. 2, VGP baby Nagar, Velacherry, Chennai-42.

2.IFFCO Tokio General Insurance Company Limited, No. 128, Habibullah Road, 3 rd Floor, T.Nagar, Chennai-17.

Respondent(s) PRAYER The Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act, to condone the delay of 1254 days in paying the deficit court fee of Rs.24,000/- in C.M.A as against the award dated 01.09.2018 and made in M.A.C.T.O.P No. 5032 of 2014 on the file of the Motor Accident Claims Tribunal Special Sub Court-2 Motor Vehicle Claims Petitions Small Causes Chennai. For Appellant(s):

Ms. M.Malar

ORDER

(Order of the Court was made by Dr. G. JAYACHANDRAN, J.) The appeal has been filed by the claimant seeking enhancement of compensation with a delay of 468 days, excluding the lockdown period, along with deficit Court fee. For paying the deficit Court fee, there is a further delay of 1254 days.

2. The present Civil Miscellaneous Petition has been filed to condone the

delay of 1254 days in paying the deficit Court fee.

3. Without adverting to the merits of the petition for filing the appeal with a delay of 468 days, we allow the present petition filed to condone the delay of 1254 days in paying the deficit Court fee, on condition that the petitioners / appellants shall not be entitled to any interest if the delay in filing the appeal gets condoned and if any enhanced compensation is awarded finally, for the period of 1254 days. The petition for condoning the delay in filing the appeal will be decided on merits after notice to the respondents. [Dr.G.J., J.] [M.S.K., J.] 27.11.2025 asi

Dr.G.JAYACHANDRAN, J.

and MUMMINENI SUDHEER KUMAR, J.

asi C.M.P. No. 29694 of 2025 in C.M.A.SR.No.76940 of 2020

27.11.2025