Dismissed¶31

The Branch Manager v. Maruthambal

Motor Vehicles Act, 1988 – Sections 173(1) and 173 – Condonation of delay

Madras HC28 Jul 2025CMP(MD)/11033/2025

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What is this about?

Condonation of delay 282 days; Section 173(1) and Section 173 Motor Vehicles Act 1988; batta non-payment leading to automatic dismissal; liberty to file restoration petition; appeal rejected at SR stage; United India Insurance Company Limited Tanjore; M.C.O.P.No.227 of 2022 Motor Accidents Claims Tribunal / Special District Court Tanjore; award dated 18.01.2024; Madras High Court Madurai Bench; K.K.Ramakrishnan J.; order dated 28.07.2025.

What did the court decide?

Liberty to the petitioner to file a restoration petition; no condonation of delay granted and the appeal stands rejected at the SR stage. ¶31

The Branch Manager Vs Maruthambal — Motor Accident Claims | Madras HC (2025)

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C.M.P.(MD)No.11033 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 28.07.2025

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CORAM:

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THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN

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C.M.P.(MD)No.11033 of 2025 in C.M.A.(MD)SR.No.11092 of 2025 and C.M.A.(MD)SR.No.11092 of 2025

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The Branch Manager, United India Insurance Company Limited, Tanjore.

... Petitioner

Vs.

1.Maruthambal

2.Kalidhasan

3.P.Sakthivel ...Respondents

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Prayer in C.M.P.(MD)No.11033 of 2025 : The Civil Miscellaneous Petition has been filed under Section 173(1) of Motor Vehicles Act, 1988, to condone the delay of 282 days in filing the above civil miscellaneous appeal in CMA(MD)SR.No.11092 of 2025.

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Prayer in C.M.A.(MD)No.SR11092 of 2025 : The Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988,

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1/4

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

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C.M.P.(MD)No.11033 of 2025

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against the award dated 18.01.2024 passed in M.C.O.P.No.227 of 2022 on the file of the Motor Accidents Claims Tribunal / Special District Court, Tanjore.

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(in both cases)

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For Petitioner : Mr.M.Arjun Varman

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COMMON ORDER

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The Civil Miscellaneous Petition has been filed seeking orders to condone the delay of 282 days in filing the afore said appeal.

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By the order dated 15.07.2025, this Court ordered notice to the respondents and issued the following directions.

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“2.Batta in 3 working days. Failing

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which, the petition shall stand dismissed automatically without any further reference to Court. Once batta is paid, Registry is directed to issue process on the same day. Since this Court ordered notice through Court and Post, the petitioner is directed to pay batta of Rs.35/- each.”

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