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CMP No. 239 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. 239 of 2026

in

C.M.A (SR) No.211355 of 2025

The Manager

Cholamandalam MS General Insurance Company

Limited,

II Floor, Shaw Wallace Building,

No.154, Thambu Chetty Street,

Parrys Corner,

Chennai.

..Appellant(s)

Vs

1. S. Thenmozhi

W/o. Selvam,

No.3, Mariyamankoil Street,

Agaram,

Kullanchavadi Post,

Kurinjipadi Taluk,

Cuddalore 607 301.

2. D. Selvam

S/o. Dheivadigamani,

No.3, Mariyamankoil Street,

Agaram,

Kullanchavadi Post,

Kurinjipadi Taluk,

Cuddalore 607 301.

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CMP No. 239 of 2026

3. S. Kamala

W/o. Selvam,

No.113, School Street,

Sandrorpalayam Port,

Cuddalore OT - 607 003.

..Respondent(s)

C.M.P.No.239 of 2026: Petition filed under Section 173(1) of Motor

Vehicles Act, 1988 to condone the delay of 1018 days delay in filing an Appeal

as against the Final Award passed by the Motor Accident Claims Tribunal (I

Additional District and Sessions Judge at Cuddalore, in M.C.O.P.No.363 of

2019 .

C.M.A.Sr.No.211355 of 2025: Appeal filed under Section 173 of the Motor

Vehicles Act against the Final Award passed by the Motor Accident Claims

Tribunal (I Additional District and Sessions Judge at Cuddalore, in

M.C.O.P.No.363 of 2019 .

For Appellant(s): Mr. J.Micheal Visuvasam

ORDER

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

This petition has been filed to condone the delay of 1018 days in filing the

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

Tribunal (I Additional District and Sessions Judge), Cuddalore in

M.C.O.P.No.363 of 2019 dated 25.11.2022.

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

petition, is that the entire file was sent to the High Court Advocate for an

opinion and upon receipt of the file, it was found that the certified copy of the

judgment and decree was misplaced during transit and hence, there occurred a

delay of 1018 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 of more than three years.

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

of this Court inState 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 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

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CMP No. 239 of 2026

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 h