CMP No. 22739 of 2025 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026 CORAM THE HON'BLE MRS.JUSTICE R. KALAIMATHI CMP No. 22739 of 2025 in CMA SR NO. 142035 OF 2025 Ramu .. Petitioner . Vs. 1. Arulappan 2. National Insurance Company Ltd., Branch office No.1, Mahalakshmi Nivasam, Opp. to Kirubha Hospital, Kumarasamypatty, Salem 7, Branch office at Upstairs Indian Bank, Bhavani Main Road, Sankari Post, Salem District.. ..Respondent(s) Prayer : This Civil Miscellaneous Petition is filed under Section 173(1) of Motor Vehicles Act, 1988, to condone the delay of 1068 days in filing the appeal as against judgement and decree passed in MCOP.No.282 of 2013 dated 01-07-2022, on the file of the Subordinate Judge, MACT Tribunal, Sankagiri. For Petitioner : Mr. R.Navaneetha Krishnan For R1 : Mr.G.Paramasivam For R2 : Mr.S.Senthil Kumar ORDER Heard the learned counsel for the petitioner and the learned counsel for the first and second respondent. https://www.mhc.tn.gov.in/judis CMP No. 22739 of 2025 __________ Page2 of 4 2. The petitioner would aver that on account of the accident, he suffered fractures of the pubic rami and femur, with three spells of hospitalisation and underwent surgeries. He would further aver that he underwent end-to-end anastomotic urethroplasty and has been struggling in his day-to-day life. 3. It is further stated that as he could not follow the case due to his aforestated illness, the copy application was filed only on 01.07.2025 and thereafter, for arranging money for the appeal expenses, further delay occurred and in toto, there is a delay of 1068 days in preferring the above Civil Miscellaneous Appeal. 4. The learned counsel for the first respondent has raised very serious objections and he would state that filing the copy application after three years would show that he was not interested in pursuing the matter. 5. The learned counsel for the second respondent also has raised objections in allowing this petition. 6. The nature of injuries suffered by the petitioner and the surgeries undergone by him to explicate that he had been taking treatment for the aforestated medical issues. https://www.mhc.tn.gov.in/judis CMP No. 22739 of 2025 __________ Page3 of 4 7.Accepting the averments made in the affidavit filed in support of this petition, this petition is allowed subject to the condition that the interest for the delay period of 1068 days shall stand waived. 02-04-2026 KKD To The Subordinate Court, Motor Accident Claims Tribunal, Sankagiri. https://www.mhc.tn.gov.in/judis CMP No. 22739 of 2025 __________ Page4 of 4 R.KALAIMATHI, J. KKD CMP No. 22739 of 2025 in CMA SR NO. 142035 OF 2025 02-04-2026 https://www.mhc.tn.gov.in/judis