Kannappan v. Anilkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21-11-2025

CORAM

THE HONOURABLE MS.JUSTICE R. POORNIMA in C.M.A.(MD) SR.No.8936 of 2025

1. Kannappan S/o.Kasiviswanathan

2. MEENAKSHI W/o.Kannappan Both are residing at No.4/555 Kumaranillam Ramanamagarishi Nagar Sennamanayaganpatti Post Dindigul District - 624 004.

Petitioner(s) Vs.

1. Anilkumar No.203, Vathaman Market Plot No.1, L.S.C.West Enkilev, Pidhampura New Delhi - 110034.

2. The General Manager Chandra Logistics Private Limited No.203, Varthaman Market, Plot No.1, L.S.C.West enkilev, Pidhampura New Delhi - 110 034.

3. The Divisional Manager Iffco Tokio General Insurance Co Ltd 1st Floor Bireedham Plaza, No.82 Bye Pass Road Chandra Gandhi Nagar, Ponmeni Madurai - 10.

1/5

4. Vijayakanth S/o.Nagalingam No.12/237. lekshman Bavan Amirijam Street Sulaimedu Chennai - 600 094.

5. M/s.Bajaj Allianz General Insurance Co Ltd G.V.R.Complex No.6-A Lasence Road 2nd Floor Cantonment Trichy -1.

6. Minor.Kamalika S/o.Late.Muthukumar No.17 First Street Subramanipuram Thiruverumbur Tiruchirappalli - 13.

(6th Respondent is minor Represented by her Mother and next Friend Gandhimadhi)

7. Gandhimadhi W/o.Late.Muthukumar No.17 First Street Subramanipuram Thiruverumbur Tiruchirappalli - 13.

Respondent(s) For Petitioner(s): Mr.N.SUDHAGAR NAGARAJ For Respondent(s): M/s. J.Barathan For R2 M/s.V.Sakthivel For R3 M/s.K.R.Shiva Shankari - For R5 R1 & R4 - Memo Filed Usr.32800 Dt.07.08.2025 (dispense With) 2/5

Prayer: To condone the delay of 240 days in filing the above civil miscellaneous appeal against the order in MCOP.No.1470 of 2016 on the file of the Motor Accident Claims Tribunal / Special District Judge, to deal with MCOP Cases Tiruchirappalli dated 13-03-2024 and thus render justice.

ORDER

This Petition is filed to condone the delay of 240 days in filing the above Civil Miscellaneous Appeal.

2. The learned counsel for the appellant filed a memo stating that the respondents 1 and 4 are not necessary parties for the purpose of adjudication in this appeal, as the claimant filed this appeal only for enhancement and prayed to dispense with the appearance of respondents 1 and 4. Therefore, notice to Respondents 1 and 4 is dispensed with.

3. The learned counsel appearing for Respondents 2 and 5 have no objection. The learned counsel appearing for the 3rd respondent submitted that the interest may be waived for the period of delay. 3/5

4. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

5. For the reasons stated in the accompanying affidavit filed in support of the Petition and on being satisfied with the same, the delay is condoned subject to condition that the Further, the appellant / claimant is not entitled to get interest for the delayed period.

6. This petition is accordingly ordered.

7. Registry is directed to number the Civil Miscellaneous Appeal, if the papers are otherwise in order and list it for admission in usual course.

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R.POORNIMA, J.

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