Cholamandalam General Insurance Co.Ltd. v. Sugumaran,

CMP(MD) NO. 8838 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19-09-2025

CORAM

THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) NO. 8838 of 2025 IN CMA(MD) SR NO. 34747 OF 2024 Cholamandalam General Insurance Co.Ltd.

Represented by its Manager, New No.2, Old No.234, Dare House, 2nd Floor, NSC Bose Road, Parrys, Chennai 600 001 Petitioner(s) Vs Sugumaran, S/o.Kuththalinga Nadar, No.47, North Street, Lalakudiyiruppu, Puliyarai Post, Shenkottah Taluk, Thirunelveli District.

2. Shinu, Son of Niyas, Green roof, Kottaiyam Post, Kollam.

3. Shimla, Green Roof, Adichanalloor, Kottaiyam, Kollam, Kerala 691 571 Respondent(s) For Petitioner(s):

N.Shyllappakalyan B.Velunatchiyar T.Suvathi For Respondent(s):

M/s. K.Esakkidurai E.Kalaivani S.Karunakaran For R1 Sr.27524 Dt.15.07.2025 Court Notice

-------- R3 - Exparte (vide Court Order Dt: 18.09.2025) R2 - Tapal Returned - Left India Prayer:This petition is filed to condone the delay of 174 days in filing the appeal against the order in M.C.O.P.No.291 of 2016 dated 03-07-2023 (on the file of the Motor Accident Claims Tribunal, Additional Subordinate Judge, Tenkasi) pending disposal of the above appeal and pass such other order as may be necessary in the circumstances of the case and thus render justice.

ORDER

This petition is filed to condone the delay of 174 days in filing the above appeal. 2.The learned counsel appearing for the petitioner/appellant filed a memo stating that the second respondent had already remained ex-parte before the trial Court and hence, his appearance may be dispensed with.

3.The said memo, dated 19.09.2025 is recorded and the appearance of the second respondent is hereby dispensed with.

4.The learned counsel appearing for the first respondent has no objection for allowing this petition.

5,Since the first respondent has no objection for allowing this petition and 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.

6.Registry is directed to number the Civil Miscellaneous Appeal, if it is otherwise in order and list it for admission in the usual course. 19-09-2025 Ns To

1. Sugumaran, S/o.Kuththalinga Nadar, No.47, North Street, Lalakudiyiruppu, Puliyarai Post, Shenkottah Taluk, Thirunelveli District

2. Shinu, Son of Niyas, Green roof, Kottaiyam Post, Kollam.

3. Shimla, Green Roof, Adichanalloor, Kottaiyam, Kollam, Kerala 691 571