Madras High Court
CRP/6097/2026 of T.Gajendra Prasad Vs J.Sowriash on 5 October 2026
CRP.No.6097 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP.No.6097 of 2026
CNR:{HCMA012013252026}
T.Gajendra Prasad
..Petitioner(s)
Vs
1. J.Sowriash
2. United India Insurance Co Ltd.
No.212, Anna Salai,
Chennai-600 006.
..Respondent(s)
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow this revision petition and to set aside the order made in M.P.No.1 of 2026 in M.C.O.P.No.4015 of 2010 dated 06.03.2026 on the file of Motor Accident Claims Tribunal, (in the Court of the V Court of Small Causes), Chennai.
For Petitioner
: Ms.V.Priya
for M/s.K.Varadhakamaraj
CRP.No.6097 of 2026
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ORDER
The Civil Revision Petition has been filed challenging the order passed by the Motor Accident Claims Tribunal, in M.P.No.1 of 2026 in M.C.O.P.No.4015 of 2010, dated 06.03.2026, dismissing the petition filed by the petitioner seeking to condone the delay of 2942 days in filing the restoration petition.
2. It is not in dispute that the petitioner filed main original petition seeking recovery of compensation for the injury suffered by him in a road accident. The said main original petition was dismissed for default on 11.09.2017. The petitioner could not appear before the Court below on the day due to viral infection. Hence, the matter was dismissed for default. Now, the present application has been filed by the petitioner seeking to restore the original petition and to condone the delay in filing the restoration petition.
3. These applications have been filed by the petitioner only in the year 2026. The only reason assigned by the petitioner in the affidavit for explaining the delay of 2942 days is that at the relevant point of time, he was suffering from viral fever and hence, he could not appear before the Court below. The
CRP.No.6097 of 2026
petitioner has not produced any medical report to substantiate his illness and inability to appear before the Court below for nearly 2942 days. The mere averment in the affidavit as if, he was suffering from viral fever is not sufficient cause to condone the inordinate delay of 2942 days. I do not find any error in the impugned order dismissing the condone delay petition for the huge delay of 2942 days.
4. Accordingly, this Civil Revision Petition is dismissed. No costs. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm To The Motor Accident Claims Tribunal, (in the Court of the V Court of Small Causes), Chennai.
CRP.No.6097 of 2026
S.SOUNTHAR J. dm CRP.No.6097 of 2026 05-10-2026