IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-04-2026 CORAM THE HON'BLE MRS.JUSTICE R. KALAIMATHI and CMA SR No. 179509 of 2025 Cholamandalam MS General Insurance Co.Ltd., 445, Magnum Towers, Dr. Nanjappa Road, Coimbatore.

having its Branch Office at Uma Complex, Sathyamangalam Taluk, Erode District. ..Petitioner(s)

Vs

1. S. Thaslima Banu W/o. Late. Syed Aliyar, 1/435, Jalaliya Nagar, Peripattinam, Ramanathapuram District.

2. S. Imamul Hakkim S/o. Late. Syed Aliyar, 1/435, Jalaliya Nagar, Peripattinam, Ramanathapuram District.

3. Minor. Afra Parveen D/o. Deceased Syed Aliyar, Rep by her Mother S. Thaslima Banu, 1/435, Jalaliya Nagar, Peripattinam, Ramanathapuram District.

4. Minor. Nifra Parveen D/o. Late. Syed Aliyar, Rep by her mother S. Thaslima Banu, 1/435, Jalaliya Nagar, Peripattinam, Ramanathapuram District.

5. Hathija Ammal W/o. Segu Abdul Kadhar, Mother of Deceased Syed Aliyar, Residing at

1/435, Jalaliya Nagar, Peripattinam, Ramanathapuram District. 6. N. Segu Abdul Kadhar S/o. Nakoor Meera, Father of Deceased Syed Aliyar, 1/435, Jalaliya Nagar, Peripattinam, Ramanathapuram District.

7. M. Chandramathi W/o. Muniyandi, 2/116, Melavalasai, Kanjirangudi Post, Kilakarai Taluk, Ramanathapuram District.

..Respondent(s)

Prayer in CMP No. 7692 of 2026: Civil Miscellaneous Petition is filed under Section 173(1) of Motor Vehicles Act, 1988, to condone the delay of 434 days in filing the appeal.

Prayer in CMA SR No.179509 of 2025: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the Order dated 04.11.2024 made in M.C.O.P.No.35 of 2019 in the Court of Motor Accident Claims Tribunal, Subordinate Judge Court, Sathyamangalam.

For Petitioner(s) : Mr.Siva Kollapan B For Respondent(s): Mr.R. Nalliyappan

ORDER

This Civil Miscellaneous Petition has been filed to condone the delay of

434 days in filing the above appeal.

2. Heard the learned counsel for the petitioner.

3. Mr.R.Nalliyappan, learned counsel for the respondents has got objections in allowing the petition.

4. The petitioner would state that upon receipt of certified copy of the Order, the case file along with the certified copy of the Order was forwarded to the Regional Office at Chennai. However, the said file was misplaced at the Regional Office and was subsequently traced and thereafter, due to administrative reasons, delay of 434 days occurred in preferring the civil miscellaneous appeal.

5. The above said reason being the misplacement of files at the Regional Office cannot be considered as sufficient cause to condone the huge delay of 434 days in filing the Civil Miscellaneous Appeal. Accordingly, this Civil Miscellaneous Petition stands dismissed. Consequently, the Civil Miscellaneous Appeal Sr.No.179509 of 2025 is rejected at the SR stage itself.

There is no order as to costs.

08-04-2026 MAC To

1. The Motor Vehicle Accident Claims Tribunal / Subordinate Judge Court, Sathyamangalam.

R.KALAIMATHI J.

MAC and CMA SR No. 179509 of 2025

08-04-2026