Bharathi Raja v. Chinnappan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28-07-2025

CORAM

THE HONOURABLE MR JUSTICE K.K.RAMAKRISHNAN in CMA(MD) SR.No.48972 of 2025 Bharathi Raja Petitioner Vs 1.Chinnappan 2.The Branch Manager, United India Insurance Company Ltd., 42, First Floor, Madathu Street, Kumbakonam.

Respondents (No relief sought against R1. Hence, notice to him may be dispensed with) This Civil Miscellaneous Petition filed under Section 173(1) of Motor Vehicle Act praying to condone the delay of 967 days in filing this civil miscellaneous appeal and order to take on file the delay petition as against the judgment and decree passed in M.C.O.P.No.198 of 2019 dated 06.07.2022 on the file of the Motor Accident Claims Tribunal / Additional Sub Court, Kumbakonam. For Petitioner :

M/s.N.Sakthi Priya, Advocate For Respondents :

Mr.A.S.Mathialagan, Advocate for R2

ORDER

The above petition has been filed seeking orders to condone the delay of 967 days in filing the above appeal.

2. Heard the learned counsel appearing for the petitioner and the learned 1/3

counsel appearing for the second respondent.

3. The learned counsel appearing for the second respondent would submit that if the petitioner is waiving interest for those periods, they are having no objections to condone the delay.

4. Considering the above and being satisfied with the reasons stated in the affidavit, the delay is condoned with a condition to the petitioner to pay the cost of Rs.1,000/- (Rupees One Thousand only) to the Women Lawyers Association attached to the Madurai Bench of Madras High Court, Madurai, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to Court. Accordingly, this Civil Miscellaneous Petition is allowed. The petitioner/claimant is not entitled to interest for the delayed period. sd/- 28/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM 2/3

To The Officer Incharge, Women Lawyers Association, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date :28/07/2025 SBN/06.08.2025 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3