Peter (Died) 1. Sagaya Mary v. Premkumar

CMP(MD) NO. 3828 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07-11-2025

CORAM

THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) NO. 3828 of 2024 IN CMA(MD) SR NO. 10406 OF 2024

1. Peter (Died)

1. Sagaya Mary W/o. Late. Peter No.1/47 North Uranagudi Uppoor R.S.Mangalam Taluk Ramanathapuram District.

2. JENIFER D/o. Late. Peter No.1/47 North Uranagudi Uppoor R.S.Mangalam Taluk Ramanathapuram District.

3. SASIKALA D/o. Late. Peter No.1/126 Kovil Street Chinnakarkathakudi Thiruvadanai Taluk Ramanathapuram District.

Petitioner(s) Vs

1. Premkumar S/o. Alwandar K.Polani Sri Lakshmi Nilaya Sy 10/11 Nekal Road Attidele (Hanekal TQ)

Bangalore District.

2. The Manager New India Assurance Company No.14/7 K.G.Complex Bagalur Road Hosur Krishnagiri District.

Respondent(s) For Petitioner(s):

D.Balamuruga Pandi T.Venkatesan For Respondent(s):

M/s. C.Karthik For R2 Sr.18346 Dt.05.06.2024 R1 - Memo Filed Usr.24210 Dt.19.06.2025 (dispense With) Prayer:To Condone the delay of 278 days in filing the above Civil Miscellaneous Appeal against MCOP No.9 of 2016 on the file of the Chief Judicial Magistrate/Motor Accident Claims Tribunal, Ramanathapuram pending disposal of the main Civil Miscellaneous Appeal and thus render justice.

ORDER

The learned counsel appearing for the petitioner filed a memo stating that the first respondent was remained ex-parte before the Tribunal and he is not contesting the case and his appearance may be dispensed with.

2.In view of the submission made by the learned counsel appearing for the petitioner, the appearance of the first respondent is dispensed with and the said memo dated 19.03.2025 is recorded.

3.This petition is filed to condone the delay of 278 days in filing the above appeal. 4.Heard the learned counsel appearing for the petitioner and perused the materials placed before this Court.

5.The learned counsel appearing for the second respondent submitted that the petitioners are not entitled for interest for the default period. 6.For the reasons stated in the accompanying affidavit filed in support of the Petition and on being satisfied with the same, this Petition is allowed and the delay is condoned. 7.Registry is directed to number the above Civil Miscellaneous Appeal, if it is otherwise in order. 07-11-2025 Ns To

1. Premkumar S/o. Alwandar K.Polani Sri Lakshmi Nilaya Sy 10/11 Nekal Road Attidele (Hanekal TQ) Bangalore District.

2. The Manager New India Assurance Company No.14/7 K.G.Complex Bagalur Road Hosur Krishnagiri District.