Prakash (Died) 1. Saraswathi v. Pakkirisamy

CMP(MD) NO. 12885 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-11-2025

CORAM

THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CMP(MD) NO. 12885 of 2025 IN CMA(MD) SR NO. 40675 OF 2025

1. Prakash (died) 1. Saraswathi W/o.Late. Prakash Metu Theru Pon Parappi Senthurai Taluk Ariyalur District.

2. MINOR RITHEESWARAN S/o.Late Prakash Metu Theru pon Parappi Senthurai Taluk Ariyalur District.

3. MINOR. MATHESWARAN S/o.Late. Prakash Metu Theru pon Parappi Senthurai Taluk Ariyalur District. (2nd and 3rd Appeallant are represented by their mother and next friend the 1st Appellant)

4. AMUTHA W/o.Thavasuraman Metu Theru pon Parappi Senthurai Taluk Ariyalur District.

5. THAVASURAMAN S/o.Pakkirisamy Metu Theru

pon Parappi Senthurai Taluk Ariyalur District.

Petitioner(s) Vs

1. Pakkirisamy S/o.Manicam No.200 Vivekanandar Nagar Ward-3 Palavathan Kattalai Kumbakonam Taluk

2. Branch Manager National Insurance Company Limited No.62 D.S.R.Periakadai Theru Kumbakonam Respondent(s) For Petitioner(s): M/s.N.Sakthi Priya For Respondent(s): M/s.A.S.Mathialagan for R2 K.Saravanan For R2 Sr.33231 Dt.11.08.2025 Court Notice -------------- R1 - Dispensed With (memo Filed) Prayer:Civil Miscellaneous Petition filed under section 173(1) of the Motor Vehicles Act to condone the delay of 436 days in filing this Civil miscellaneous appeal and order to take on file the delay petition filed as against the judgment and decree passed in M.C.O.P.No. 182/2018 dated 13.010.2023 on the file of the (Motor Accident Claims Tribunal) Principal Subordinate Judge, Kumbakonam.

ORDER

(Order of the Court was made by P.VELMURUGAN.,J.) This Petition is filed to condone the delay of 436 days in filing this Civil miscellaneous appeal and order to take on file the delay petition filed as against the judgment and decree passed in M.C.O.P.No. 182/2018 dated 13.010.2023 on the file of the (Motor Accident Claims Tribunal) Principal Subordinate Judge, Kumbakonam. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.Though the reasons assigned by the Petitioner in his affidavit is not satisfactory, however, in order to give an opportunity to the Petitioner to contest the appeal on merits and in the interest of justice, this Petition is ordered and delay is condoned, however, on condition that the Petitioners/claimants are not entitled for interest for the default period. 4.Registry is directed to number the Civil Miscellaneous Appeal, if it is otherwise in order and list it for admission in the usual Course. (P.VELMURUGAN J.) (L.VICTORIA GOWRI J.) 20-11-2025 vsn

P.VELMURUGAN,,J .

And L.VICTORIA GOWRI.,J vsn ORDER MADE IN CMP(MD) NO. 12885 of 2025 IN CMA(MD) SR NO. 40675 OF 2025 20.11.2025