2026 Supreme(Online)(Mad) 41090

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Murali Shankar, J
The Divisional Manager, United India Insurance Company Ltd. – Appellant
Versus
V.Karuppasamy – Respondent
C.M.P.(MD)No.2348 of 2025 in C.M.A.(MD)SR.No.9676 of 2025 and C.M.A.(MD)SR.No.9676 of 2025

Non-appearance of parties at hearing leads to dismissal of delay condonation petition and rejection of related appeal at SR stage.

Headnote:Statute Analysis: The petition involves Section 173(1) of the Motor Vehicle Act, 1988, which permits filing of an appeal with condonation of delay. Facts: Appellant sought condonation of 63 days delay in filing an appeal against an award dated 05.07.2024. Findings: Court observed that despite multiple adjournments, there was no representation for the petitioner, leading to the dismissal for default.

Issues: Whether the delay should be condoned despite non-appearance of the parties.

Ratio Decidendi: Court held that non-appearance and lack of representation justify dismissal for default.

Result: Both the petition and the appeal stand dismissed/rejected.