Durgadevi v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2025

CORAM

THE HONOURABLE MRS JUSTICE R. KALAIMATHI in C.M.A.Sr.No.176665 of 2025

1. Durgadevi

2. Dharshini (Minor)

3. Nhanash (Minor)

4. Ghugan (Minor) (2nd & 3rd minor appellants are represented by their mother natural guardian Durgadevi) Vs.

1. The Superintending Engineer, TNEB Vellore Electricity Distribution Circle, Gandhi Nagar, Vellore District - 632 006.

2. The United India Insurance Co. Ltd., Motor III Party Claims Office, Shilings Buildings, 4th Floor, No.134, Greams Road, Chennai - 6

3. M. Elumalai ..Respondents Prayer: This Civil Miscellaneous Petition is filed under Section 173(1) of Motor Vehicles Act, 1988, to condone the delay of 366 days in filing the above appeal.

For Petitioner : Mr.Santhosa Kumar For R1 : Mr.G.Aravind for Ms.Hemalatha Gajapathy For R2 : Ms.R.Janani for Mr.J.Chandran

ORDER

This petition has been filed seeking to condone the delay of 366 days in filing the appeal.

2. Heard the learned counsel for the petitioners.

3. Mr.G.Aravind, learned representing counsel would submit that Ms.Hemalatha Gajapathy, undertakes to file vakalat for the first respondent.

4. Ms.R.Janani, learned representing counsel would submit that Mr.J.Chandran, undertakes to file vakalat for the second respondent and he has got objections in allowing the application provided interest for the delay period is waived.

5. The first petitioner, who is the wife of Munusamy would aver that on account of the accident her husband passed away and she has been struggling even to maintain her family without the breadwinner of the family.

Hence, delay of 366 days occurred in preferring the Civil Miscellaneous Appeal.

6. Accepting the reasons assigned by the petitioner, this Civil Miscellaneous Petition shall stand allowed on payment of cost of Rs.500/- (Rupees Five Hundred only) payable in favour of the Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai - 20 (payable in S.B.A/c.No.149710011000002, Union Bank of India, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai-36, Branch Name and Code : 1497, MICR No.600011049, IFSC Code : UBIN0814971), on or before 21.11.2025. Failing which, this Petition shall stand automatically dismissed without any further reference to this Court. 12.11.2025 Mac Note:- Registry is directed to issue order copy on or before 13.11.2025.

R. KALAIMATHI, J.

Mac To

1. The Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai - 20 in C.M.A.Sr.No.176665 of 2025 12.11.2025