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New India Assurance Co. Ltd. v. G.Parthasarathy

Madras HC22 Apr 2026CMP/5332/2026

Case brief

AI extract

What is this about?

Condonation of delay; 358 days' delay; Section 173(1) Motor Vehicles Act, 1988; insurer appeal; New India Assurance Co. Ltd; CMA Sr.No.149655 of 2025; MCOP No.1201 of 2022; Motor Vehicles Accident Claims Tribunal cum Chief Judge Court Chennai; order dated 18.04.2024; cost Rs.500 to Cancer Institute (WIA) Adyar; conditional condonation with automatic dismissal clause; deadline 02.06.2026; respondents no appearance despite notice; Madras High Court; single judge R. Kalaimathi; decided 22-04-2026.

What did the court decide?

Delay of 358 days in filing CMA Sr.No.149655 of 2025 condoned on payment of Rs.500/- cost in favour of the Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai - 20, on or before 02.06.2026; failing payment, the petition stands automatically dismissed without further reference to this Court. ¶25

New India Assurance Co. Ltd. Vs G.Parthasarathy — Motor Accident Claims | Madras HC (2026)

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CMP No. 5332 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22-04-2026

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CORAM

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THE HON'BLE MRS.JUSTICE R. KALAIMATHI

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CMP No. 5332 of 2026 in CMA Sr.No.149655 of 2025

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New India Assurance Co. Ltd No.232, NSC Bose Road, 6^th Floor, Bombay Mutual Building, Chennai 104.

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..Petitioner(s)

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Vs.

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G.Parthasarathy S/o. Govindarajan, No. 1, Govardhana Nagar, 3^rd Street, Mettukuppam, Nerkunram, Chennai-107.

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P.Ashok Kumar S/o. Parameswaran Pillai, Flat No. F-602, The Royal Castle, Thirumudivakkam, Chennai-44.

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..Respondent(s)

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Prayer: Civil Miscellaneous Petition is filed under Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of 358 days in filing the above CMA against the order dated 18.04.2024 passed in MCOP No.1201 of 2022, on the file of Motor Vehicles Accident Claims Tribunal, cum Chief Judge Court, Chennai.

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For Petitioner(s) : Mr.C.Johnson For R1 and R2(s): No Appearance

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__________ Page1 of 4

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

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CMP No. 5332 of 2026

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ORDER

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This petition has been filed to condone the delay of 358 days in filing the above appeal.

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Heard the learned counsel for the petitioners.

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Despite the receipt of notice, the respondents no. 1 and 2 neither

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appeared nor represented through their counsel.

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The petitioner would aver that in order to obtain legal opinion and

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process the appeal, delay of 358 days occurred in preferring the Civil Miscellaneous Appeal.

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Accepting the averments made in the petition, this petition shall stand allowed on payment of cost of Rs.500/- payable in favour of the Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai – 20 (payable in S.B.A/c.No.149710011000002, Union Bank of India, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai-36, Branch Name and Code : 1497, MICR No.600011049, IFSC Code : UBIN0814971), on or before 02.06.2026. Failing which, this petition shall stand automatically dismissed without any further reference to this Court.

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Page2 of 4

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

CMP No. 5332 of 2026

22.04.2026