Petition to condone a 4621-day delay in filing a motor accident claim appeal was dismissed because the petitioner failed to pay batta within the time fixed by the court's earlier notice order; the connected appeal was rejected at the SR stage, with liberty to seek restoration.
None granted; liberty to file restoration petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.P.(MD)No.9574 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.07.2025
CORAM:
THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN
C.M.P.(MD)No.9574 of 2025
in C.M.A.(MD)SR.No.70178 of 2024 and C.M.A.(MD)SR.No.70178 of 2024
K.Varadha Vinayaga Moorthy
... Petitioner
Vs.
Prayer in C.M.P.(MD)No.9574 of 2025 : The Civil Miscellaneous Petition has been filed under Section 173(1) of Motor Vehicle Act, to condone the delay of 4621 days in filing the appeal against the award passed by the Motor Accident Claims Tribunal / Sub Court, Virudhunagar in M.C.O.P.No.31 of 2007.
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C.M.P.(MD)No.9574 of 2025
Prayer in C.M.A.(MD)No.SR70178 of 2024 : The Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, against the order dated 31.10.20211 passed by the Motor Accident Claims Tribunal / Sub Court, Virudhunagar in M.C.O.P.No.31 of 2007.
(in both cases)
For Petitioner : Mr.T.Lenin Kumar
For Respondents : Mr.C.Jawahar Ravindran for R2
COMMON ORDER
The Civil Miscellaneous Petition has been filed seeking orders to condone the delay of 4621 days in filing the afore said appeal.
first respondent and issued the following directions.
“2.Batta in 3 working days. Failing 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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C.M.P.(MD)No.9574 of 2025
time. Therefore, the Civil Miscellaneous Petition stands dismissed with liberty to the petitioner to file restoration petition. Consequently, C.M.A. (MD)SR.No.70178 of 2024 stands rejected at the SR stage itself.
23.07.2025
NCC :yes/No Index :yes/No Internet:yes/No csm
To
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C.M.P.(MD)No.9574 of 2025
K.K.RAMAKRISHNAN,J.
csm
Order made in C.M.P.(MD)No.9574 of 2025 in C.M.A.(MD)SR.No.70178 of 2024 and C.M.A.(MD)SR.No.70178 of 2024
Dated : 23.07.2025
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1 issue framed by the court
Whether the delay of 4621 days in filing the appeal against the MACT award should be condoned.
2 provisions across 1 enactments
K.Varadha Vinayaga Moorthy
V.M.N. Muthaiah Nadar and Sons through its Partner
The Oriental Insurance Company Ltd. through its Divisional Manager
K.K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
