C.M.P.(MD)No.15906 of 2025 in C.M.A.(MD)SR.No.79550 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 30.03.2026 Pronounced on : 10.04.2026 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.M.P.(MD)No.15906 of 2025 in C.M.A.(MD)SR.No.79550 of 2025 Marimuthu ... Petitioner/ Appellant Vs. 1.Amalraj 2.Branch Manager, United India Insurance Company Limited, LIC Building, Gandhiji Road, Thanjavur. ...Respondents/ Respondents Prayer in C.M.P.(MD)No.15906 of 2025 : The Civil Miscellaneous Petition filed under Section 173(1) of Motor Vehicles Act, 1988 praying to condone the delay of 926 days in preferring the civil miscellaneous appeal against the award made in M.C.O.P.No.181 of 2020 dated 21.11.2022 on the file of the MACT, (Special Subordinate Judge), Thanjavur. 1/8 https://www.mhc.tn.gov.in/judis C.M.P.(MD)No.15906 of 2025 in C.M.A.(MD)SR.No.79550 of 2025 Prayer in C.M.A.(MD)SR.No.79550 of 2025 : The Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to allow this appeal, enhance the compensation to the tune of Rs.20,00,000/- in addition to compensation awarded by the Tribunal and set aside the judgment and decree made in M.C.O.P.No.181 of 2020 dated 21.11.2022 on the file of MACT, (Special Subordinate Court), Thanjavur. For Petitioner : Mr.A.Sivasubramanian For Respondents : No appearance for R1 Mr.I.Robert Chandra Kumar for R2 ORDER The above Civil Miscellaneous Petition has been filed invoking Section 173(1) of the Motor Vehicles Act seeking orders to condone the delay of 926 days in preferring the appeal, challenging the award passed in M.C.O.P.No.181 of 2020 dated 21.11.2022 on the file of the Motor Accident Claims Tribunal / Special Subordinate Court, Thanjavur. 2. The petitioner / appellant is the claimant. He filed the claim petition seeking compensation for the disability sustained by him in an accident occurred on 01.01.2020. 2/8 https://www.mhc.tn.gov.in/judis C.M.P.(MD)No.15906 of 2025 in C.M.A.(MD)SR.No.79550 of 2025 3. The second respondent / insurer filed a counter statement and contested the claim petition. The first respondent / owner of the vehicle had remained ex-parte. 4. The learned trial Judge, after full trial, passed an award dated 21.11.2022 directing the second respondent to pay a compensation of Rs.17,99,570/- with interest at 7.5% per annum from the date of petition till payment and costs. The petitioner, challenging the quantum of compensation awarded at by the Tribunal filed the present civil miscellaneous appeal seeking enhancement of the compensation along with the above petition to condone the delay of 926 days in preferring the appeal. 5. The reason canvassed in the affidavit filed in support of the delay condonation petition is that due to the accident, the petitioner's both legs were amputated and he was in continuous treatment for the injuries caused and as a result of which, he was affected financially, economically and mentally, that the petitioner is unemployed due to the accident and he is financially weak to prefer an appeal before this Court immediately, that 3/8 https://www.mhc.tn.gov.in/judis C.M.P.(MD)No.15906 of 2025 in C.M.A.(MD)SR.No.79550 of 2025 there occurred a delay of 926 days in preferring an appeal and that the petitioner will be put to irreparable loss, if the delay is not condoned. 6. The second respondent filed a counter affidavit disputing the petitioner's affidavit averments and further stated that the petitioner contested the claim petition effectively with the above difficulties, that the petitioner has pleaded the very same reason for the delay in filing the above appeal, that the accident was occurred in the year 2020 and the quantum of compensation awarded by the Tribunal is correct and reasonable and that therefore, the above petition is liable to be dismissed. 7. It is evident from the records that the petitioner's left leg was amputated and he suffered bone injuries on his right leg also. Moreover, the Medical Board has assessed the disability at 85%. 8. The learned counsel appearing for the petitioner would submit that the petitioner was doing agricultural work and due to the amputation of the left leg and the bone injuries sustained in the right leg, he is not in a position to carry out any work as before, that since the Tribunal, without 4/8 https://www.mhc.tn.gov.in/judis C.M.P.(MD)No.15906 of 2025 in C.M.A.(MD)SR.No.79550 of 2025 considering the nature of the injuries and the consequent impact on the life of the petitioner, has mechanically granted a lesser compensation of Rs.17,99,570/- and that therefore, the petitioner was constrained to prefer the above appeal. 9. According to the petitioner, due to the accident, he was affected financially and mentally and that he is also unemployed and hence, he is not in a position to file the appeal immediately. 10. Though the second respondent has raised objection, they have not raised any specific or serious objection to condone the delay. 11. Considering the entire facts and circumstances of the case and the nature of the appeal filed, this Court is of the view that the delay in preferring the appeal is to be condoned. But at the same time, taking note of the quantum of delay, this Court is inclined to condone the delay on certain conditions. 12. Accordingly, this petition will be allowed on conditions; 5/8 https://www.mhc.tn.gov.in/judis C.M.P.(MD)No.15906 of 2025 in C.M.A.(MD)SR.No.79550 of 2025 (i) that the petitioner shall not be entitled to get interest for the delayed period; and (ii) that the petitioner shall pay a cost of Rs.2,000/- (Rupees Two Thousand only) to the Madurai Bench of Madras High Court Advocates Welfare Fund [Indian Bank High Court Branch, Madurai, Current Account No.7087208431, IFSC IDIB000H040], on or before 23.04.2026, failing which, this petition shall stand dismissed automatically. 13. Post the matter on 24.04.2026 'for reporting compliance'. 10.04.2026 NCC :yes/No Index :yes/No Internet:yes/No csm Note : Issue order copy on 21.04.2026 To 1.The Special Subordinate Judge, Motor Accident Claims Tribunal, Thanjavur. 2.The Secretary, Advocates Welfare Fund, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai 104. 6/8 https://www.mhc.tn.gov.in/judis C.M.P.(MD)No.15906 of 2025 in C.M.A.(MD)SR.No.79550 of 2025 7/8 https://www.mhc.tn.gov.in/judis C.M.P.(MD)No.15906 of 2025 in C.M.A.(MD)SR.No.79550 of 2025 K.MURALI SHANKAR ,J. csm Pre-Delivery Order made in C.M.P.(MD)No.15906 of 2025 in C.M.A.(MD)SR.No.79550 of 2025 Dated : 10.04.2026 8/8 https://www.mhc.tn.gov.in/judis