Madras High CourtCMP(MD)/12877/2025ordered

Chinnadurai v. Balasubramaniyan

2025-11-04Honourable Ms.Justice R. Poornima4 pages

CMP(MD) NO. 12877 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04-11-2025

CORAM

THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) NO. 12877 of 2025 IN CMA(MD) SR NO. 59607 OF 2025

1. Chinnadurai S/o. Lakshmanan Periyatheru Athipakkam Keelakattur Thiruvidaimaruthur Taluk.

Petitioner(s) Vs

1. Balasubramaniyan S/o. Sundaram No.60/6/33F Bidaran Street Aadudurai Thiruvidaimaruthur Taluk.

2. The Branch Manager, United India Insurance Company Limited 6/38 1st Floor RCC Building Baaikara Street Aadudurai Main Road 1/4

Aadudurai.

Respondent(s) For Petitioner(s): Mr.K.Saravanan For Respondent(s):

M/s. A.S.Mathialagan For R2 Sr.34126 Dt.18.08.2025 R1 - Memo (dispense With) Filed Usr.32890 Dt.07.08.2025 Prayer:Civil Miscellaneous Petition filed under Section 173 of the Motor Vehicles Act praying this Court condone the delay of 960 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 358/2019, dated 16.08.2022 on the file of the (Motor Accidents Claims Tribunal) Additional sub Court, Kumbakonam.

ORDER

This Petition is filed to condone the delay of 960 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 358/2019, dated 16.08.2022 on the file of the (Motor Accidents Claims Tribunal) Additional sub Court, Kumbakonam.

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

2/4

3.The learned counsel for the Petitioner filed a memo stating that since no relief was sought for against R1, his appearance may be dispensed with. The said memo is recorded. Notice to R1 is dispensed with. R2not present. 4.The learned counsel for the first respondent would submit that the Petition may be allowed subject to the condition that the interest may be waived for the default period.

5.In view of the above said submission, this Petition is ordered and the delay is condoned, however, on condition that the Petitioner is not entitled for interest for the default period.

04.11-2025 To The Judge, The Additional Sub Court, (The Motor Accidents Claims Tribunal) Kumbakonam.

3/4

R.POORNIMA,J .

vsn ORDER MADE IN CMP(MD) NO. 12877 of 2025 IN CMA(MD) SR NO. 59607 OF 2025 04.11.2025 4/4