Prakash v. Praveen Kumar Chopda

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI in CMA SR NO. 127834 OF 2024

1. Prakash

2. Minor Ramya

3. Minor Silambarasan Rep. by their N/F Brother Prakas. .. Petitioners Vs

1. Praveen Kumar Chopda

2. The Branch Manager Future General India Insurance Company Limited, 1st, 2nd and 3rd Floor, Plot No. 55 (Old Plot No. 27), Vijay Raghava Road, T.Nagar, Chennai 600 017. .. Respondents Prayer : This Civil Miscellaneous Petition is filed under Section 173(1) of Motor Vehicles Act, 1988 to condone the delay of 844 days in filing the above CMA against the order dated 16.03.2020 made in MCOP No. 91 of 2018 on the file of the Motor Accident Claims Tribunal/Special District Court, Krishnagiri.

For Petitioners : Mr.S.P.Yuaraj For R1 : Mr.P.Vignesh For R2 : No Appearance

ORDER

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

R.KALAIMATHI, J.

KKD

2. The learned counsel for the first respondent has no serious objection in allowing this petition.

3. None represented the second respondent.

4. The first petitioner would aver that on account of the accident, his father died and he was fully dependent on him, who was the breadwinner of the family. The first petitioner would further aver that he could not run the family as the other petitioners are minors, and due to financial constraints. Hence, delay of 844 days occurred in preferring the above civil miscellaneous appeal.

5. 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 844 days shall stand waived.

20-04-2026 KKD To The Motor Accident Claims Tribunal, Special District Court, Krishnagiri.

in CMA SR NO. 127834 OF 2024