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CMP No. 1716 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR

AND

THE HON'BLE MR.JUSTICE R.SAKTHIVEL

CMP No. 1716 of 2026

in

C.M.A SR No.208271 of 2025

The Manager

Reliance General Insurance Company Limited

T.P. Cell No. 6, Reliance House

Haddows Road

Nungambakkam

Chennai 6

..Appellant(s)

Vs

1. Deerthavalli

W/o. Murugesan

No. 97, Mela Street

Chinnapattakadu,

Kovilur

Ariyalur 621715

2. Murugesan

S/o. Pitchaipillai

No. 97, Mela Street

Chinnapattakadu,

Kovilur

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CMP No. 1716 of 2026

Ariyalur 621715

3. M.Maria Arul Rajan

S/o. Maria Soosai

No. 20, Lakshmi Ganapathy St

Ullagaram, Chennai 91

..Respondent(s)

C.M.P.No.1716 of 2026: Petition filed under Section 173(1) of the Motor

Vehicles Act to Condone the delay of 507 days in preferring the above Appeal.

C.M.A SR No.208271 of 2025: Appeal filed under Section 173 of Motor

Vehicles Act, 1988 to set aside the decree and judgment dated 26.09.2023

passed in M.C.O.P.No.1020 of 2018 by the Motor Accident Claims Tribunal, II

Small Causes Court at Chennai.

For Appellant(s): Ms.C.Bhuvanasundari

ORDER

(Order of the Court was made by N.Sathish Kumar J.)

This petition has been filed to condone the delay of 507 days in filing the

above appeal against the final award passed by the Motor Accident Claims

Tribunal, II Small Causes Court at Chennai in M.C.O.P.No.1020 of 2018 dated

26.09.2023.

2. The reason for the delay, as stated in the affidavit filed in support of the

petition, is that the counsel on record before the Tribunal sent final award to the

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Head Office at Mumbai and they have in turn sent the file for a second opinion

to High Court Panel counsel and on receipt of second opinion to prefer the

appeal, steps were taken to make mandatory deposit and to get certified copies

of deposition. Hence, there occurred a delay of 507 days in filing the appeal and

the delay is neither willful nor wanton.

3. It is well settled law that liberal approach should be taken while

considering the application for condonation of delay, but at the same time there

should be reasonable ground and plausible reasons to condone the delay. As a

matter of right, the delay cannot be condoned particularly when there is a huge

delay.

4. In this regard it is useful to refer the judgment of the Division Bench of

this Court in State of Tamil Nadu and Ors Vs. Melvisharam Muslim

Educational Societyreported in2018 [3] CTC 420, wherein the Division Bench

of this has held as follows:

“... Though the delay is condoned by the Court normally in a

liberal manner, the said approach cannot be extended

mechanically without any plausible explanation. What is pitted

against an ordinary litigant is also pitted against the Government

before Court of law to establish a particular fact. Though the word

“sufficient cause” has to be given a liberal approach, to exercise

discretion for such liberal approach, there must be necessary facts

in the affidavit filed in support of the same. But, on a perusal of the

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CMP No. 1716 of 2026

affidavit, we do not find plausible explanation for such delay

except stating that there is an administrative delay. Such vague and

bald explanation cannot be accepted mechanically. When Courts

are extending such liberal approach mechanically, it has become a

routine affairs of the Government Departments to file the appeals

against every order passed by the Court. The present day scenario

in filing the appeal, challenging every order by the Government

Departments, clearly exhibits shirking responsibility of the

Department Heads. In fact, now the tendency has developed among

the Department Heads, not to take any risk and to avoid any

question relate to the litigant and only in order to avoid any query,

the administr