The Madras High Court condoned a delay of 78 days in filing a civil miscellaneous appeal against a Motor Accident Claims Tribunal award. The court held that ends of justice favored condonation without issuing prior notice to respondents.
Condonation of delay of 78 days in filing the Civil Miscellaneous Appeal without issuing notice to respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Seventeenth day of June Two Thousand Sixteen
PRESENT
The Honble Mr.Justice NOOTY. RAMAMOHANA RAO and The Honble Mr.Justice S.S.SUNDAR
CMP(MD) No.4947 of 2016 IN CMA(MD) No.SR9326 of 2016
THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THROUGH ITS BRANCH MANAGAR, EAST BOULEVARD ROAD, OPP. TO IBRAHIM PARK, TRICHY. ... PETITIONER/APPELLANT
Vs
1 MARAGATHAVALLI 2 MINOR LEKA PRIYADHARASHINI 3 MINOR.DEEPTHIKA NANDHINI, (The respondent No.2 and 3 are minor and they are represented through their mother and natural guardian, the 1st respondent herein)
4 SIVAPRAKASAM,
5 T.PRABAVATHY
6 MANIKANDAN, 7 G.RAJKUMAR, 8 SRIRAM GENERAL INSURANCE COMPANY LTD., NO.10003-E.8.RIICO INDUSTRIAL AREA, SITAPURA-JAIPUR, RAJASTHAN-302 022.
9 K.KARUPPUSAMY, ... RESPONDENTS/RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 78 days in filling the Civil Miscellaneous Appeal in C.M.A.SR(MD)No.9326 of 2016 and thus render justice.
PRAYER IN CMA(MD) No.SR9326 of 2016:
Civil Miscellaneous Appeal challenging the award and Decree dated:21.07.2015 made in M.C.O.P.No.1511 of 2013 on the file of Motor Accidents Claims Tribunal (Special District Court), Trichy.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and the petitioner not appeared in person or by Advocate, the court made the following order:-
This Miscellaneous Petition has been taken out seeking for https://hcservices.ecourts.gov.in/hcservices/ condonation of delay of 78 days in preferring accompanying the Civil Miscellaneous Application, calling in question the correctness of
the award passed by the Motor Accident Claims Tribunal (Special District Court) Trichy. Since the delay is not an extraordinary and since the award itself is passed on 21st July 2015, which is nearly one year back and the compensation amount determined by the Tribunal have not been paid to the respondent claimants so far and since the substantial amount of compensation determined have not been claimed so far, we have considered that ends of justice would be better served, by condoning the delay of 78 days instead of issuing notice with the respondent and the service of such notice is normally consumed few months more. Hence, we have condoned the delay of 78 days without even putting the respondent claimants on notice.
The Registry is to process the Civil Miscellaneous Appeal and number the same, if it is otherwise in order.
sd/17/06/2016 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO
THE MOTOR ACCIDENTS CLAIMS TRIBUNAL (SPECIAL DISTRICT JUDGE), TRICHY
sm:ARK-PV:SAR I:24.06.2016:2P/2C
ORDER IN CMP(MD) No.4947 of 2016 IN CMA(MD) No.SR9326 of 2016 Date :17/06/2016
2 issues framed by the court
Whether the delay of 78 days in preferring the Civil Miscellaneous Appeal should be condoned.
Whether notice to respondents is required for condoning the delay given the ends of justice.
The New India Assurance Company Ltd.
1. Maragathavalli
2. Minor Leka Priyadharashini
3. Minor Deepthika Nandhini
4. Sivaprasakam
8. Sriram General Insurance Company Ltd.
Nooty. Ramamohana Rao
S.S.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
