Allowed¶26

Kokila v. L.N.Annamalai

Madras HC22 Sept 2025CMP/11563/2025

Case brief

AI extract

What is this about?

Condonation of delay 593 days; CMP.No.11563 of 2025 in CMA.SR.No.72653 of 2025; Madras High Court; R. Kalaimathi J.; 22.09.2025; Section 173(1) Motor Vehicles Act 1988; appeal against M.C.O.P.No.1433 of 2021 judgment and decree dated 01.06.2023; Motor Accident Claims Tribunal (Special District Court) Salem; delay condoned subject to waiver of interest for delay period; claimant Kokila and others; respondents L.N.Annamalai and M/s. Reliance G.I. Co. Ltd.; award amount deposited and withdrawn; accident dated 13.08.2021.

What did the court decide?

Condonation of the delay of 593 days in filing the appeal, with the petition allowed subject to the condition that interest for the delay period of 593 days stands waived. ¶26

Kokila Vs L.N.Annamalai — Motor Accident Claims | Madras HC (2025)

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CMP.No.11563 of 2025 in CMA SR.No.72653 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.09.2025

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CORAM

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THE HONOURABLE MRS JUSTICE R.KALAIMATHI C.M.P.No.11563 of 2025 in CMA.SR.No.72653 of 2025

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1.Kokila 2.Minor.Kowshika 3.Minor.Prathiksan 4.Malarselvi ... Petitioners vs.

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1.L.N.Annamalai 2.M/s.Reliance G.I.Co., Ltd., Sri Lakshmi Complex, 1^st Floor, Bharathi Street, Omlaur Main Road, Swarnapuri, Salem. ... Respondents

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Prayer : This Civil Miscellaneous Petition is filed under Section 173(1) of the Motor Vehicles Act, 1988 to condone the delay of 593 days in filing the above appeal against the Judgment and decree dated 01.06.2023 passed in M.C.O.P.No.1433 of 2021 on the file of the Motor Accident Claims Tribunal (Special District Court), Salem.

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For Petitioner : Mr.S.P.Yuaraj For R1 : No Appearance For R2 : Mr.P.Suresh Srinivasan

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O R D E R

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This Civil Miscellaneous Petition has been filed to condone the delay of

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593 days in filing the above appeal.

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Heard the learned counsel for the petitioner .

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Page 1 of 2

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https://www.mhc.tn.gov.in/judis

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CMP.No.11563 of 2025 in CMA SR.No.72653 of 2025

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R.KALAIMATHI,J.

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kkd

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Mr.P.Suresh Srinivasan, learned counsel takes notice for R2 and he

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has no serious objection for allowing this petition.

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Despite the receipt of notice, the first respondent neither appeared

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nor engaged counsel.

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The learned counsel for the second respondent would submit that

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entire award amount has already been deposited before the Special District Court, Salem and the same has been withdrawn by the claimants herein.

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The claimant would state that her husband died on account of the

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accident that occurred on 13.08.2021. Due to financial crisis, she is not in a position to contact her advocate. Hence, the delay of 593 days occurred.

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In such circumstances, in order to render effective justice, the delay of 593 days is condoned, and this petition is allowed subject to the condition that the interest for the delay period of 593 days shall stand waived.

22.09.2025

kkd

The Motor Accident Claims Tribunal, (Special District Court), Salem. C.M.P.No.11563 of 2025 in CMA.SR.No.72653 of 2025

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Page 2 of 2

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https://www.mhc.tn.gov.in/judis