M.Natarajan v. B.Amsavalli

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2025

CORAM

THE HONOURABLE MR JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP C.M.P.No.900 of 2025 in

1. M.Natarajan

2. A.Velvizhi ... Petitioners Vs

1. B.Amsavalli

2. The Manager, Reliance General Insurance Co. Ltd., Divisional Office, Haddows Road, 6th Floor, Chennai - 600 006.

... Respondents PRAYER: Petition filed under Section 173(1) of MACT 1985, to condone the delay of 570 days in filing the civil miscellaneous appeal. For Petitioners :

Mr.E.Shivalingam For Respondents :

Mr.Suresh Srinivasan for R2 No appearance for R1 1/4

O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.) Mr.Suresh Srinivasan, learned counsel accepts notice for the second respondent, who is the main contesting respondent.

2. The first respondent also though had been served, no one is appearing.

3. Since the delay is more than 500 days, even though some reasons have been stated in the affidavit filed in support of the petition, we do feel that, the petition if at all to be allowed, can be allowed only on terms, therefore the petition is ordered on payment of cost of Rs.5,000/- (Rupees Five Thousand only) payable by the petitioners to the second respondent, who is the contesting respondent, within a period of two weeks from the date of receipt of a copy of this order. The period of delay of 570 days caused because of the delay in filing this petition by the petitioners / appellants shall not be calculated for the purpose of 2/4

calculating interest for making the payment by the second respondent / Insurance Company. Failing to pay the cost within a time stipulated, would liable this petition to be dismissed without further reference to this Court.

[R.S.K., J.] [S.S.K., J.] 08.04.2025 vji To

1. The Manager, Reliance General Insurance Co. Ltd., Divisional Office, Haddows Road, 6th Floor, Chennai - 600 006.

2. The Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.

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R.SURESH KUMAR, J.

AND SATHI KUMAR SUKUMARA KURUP, J.

vji 08.04.2025 4/4