M. Pushpavathi v. R.Gopi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI in CMA SR.No.142757 of 2024

1. M. Pushpavathi W/o. Varatharaj, Res. at D.No.5/877, Bharathiyar Nagar, 5th Cross, Krishnagiri - 001 and now residence at No.843, New Rayakottai Hudco, Phase-10, Hosur 109.

2. Saradha W/o. Panneerselvam,Residence at D.No.5/877, Bharathiyar Nagar, 5th Cross, Krishnagiri - 001 and now residing at No.843, New Rayakottai Hudco, Phase-10, Hosur 109.

3. M. Neelavathi W/o. Manokar, Residing at D.No.5/877, Bharathiyar Nagar, 5th Cross, Krishnagiri - 001 and now residing at No.843, New Rayakottai Hudco, Phase-10, Hosur 109.

4. M. Saraswathi W/o. Shanmugam, Res. at D.No.5/877, Bharathiyar Nagar, 5th Cross, Krishnagiri - 001 and now residing at No.843, New Rayakottai Hudco, Phase-10, Hosur 109. .. Petitioners Vs.

1. R.Gopi S/o. Rajaram, No.1/254, Virupathchi Nagar, Jakkeri, Krishnagiri Tk and Dt - 113.

2. The Manager Shriram General Insurance Co. Ltd, E-8, RIICO Industrial Area, Sitapura, Jaipur, Rajasthan 302 022. .. Respondents

Prayer : This Civil Miscellaneous Petition is filed under Section 173(1) of the Motor Vehicles Act, 1988 to condone the delay of 570 days in filing the above CMA against the order dated 01.11.2022 made in MCOP No.579 of 2018 on the file of the MCOP Tribunal, Additional District Court, Hosur. For Petitioners : M/s.S.P. Yuaraj For Respondents : No Appearance

ORDER

Heard the learned counsel for the petitioners.

2. Despite the receipt of notice and the details of the 2nd respondent having been printed in the cause list, on behalf of the 2nd respondent Insurance Company, neither any representative appears nor entered appearance through their counsel.

3. The first petitioner would aver that on account of the accident occurred on 17.01.2017. Her brother succumbed to his injuries on 22.04.2017. She would further aver that due to ill-health and financial constraints to delay of 570 days occurred in preferring the 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 229 days shall stand waived.

28-04-2026 KKD To The Motor Accident Claims Tribunal, Additional District Court, Hosur.

R.KALAIMATHI, J.

KKD in CMA SR.No.142757 of 2024 28-04-2026