Vijayan v. Sekar
Case brief
What is this about?
The Court dismissed an application under Section 173(1) of the Motor Vehicles Act, 1988 seeking condonation of a 959-day delay in filing an appeal. Citing laches and the insurer having already deposited the award, the Court found no sufficient cause for condoning the inordinate delay.
What did the court decide?
Petition to condone delay dismissed and main Appeal C.M.A.No.sr49659 of 2022 rejected.
What the court decided
C.M.P.No.20360 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on Pronounced on 19.01.2023 24.01.2023
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.P.No.20360 of 2022 in C.M.A.No.sr49659 of 2022
1.Vijayan, aged 30, S/o.Munusamy Naidu, 2.Minor KAvitha, age 5, D/o.Vijayan, 3.Minor Sivasakthivel, age 3, S/o.Vijayan, Minor Appellants are represented by their guardian/NF/Father Vijayan all are residing at Patti Street, Eraiyur Village and Post, Chengam Taluk, Tiruvannamalai District.
... Petitioner
Vs.
1.Sekar, S/o.Karuppasamy, Residing at No.130A, Devampalayam Village, Kunnathur Post, Perunthurai Taluk, Erode District.
2.The Divisional Manager, The National Insurance Company Limited, No.19, Officers Line, Vellore.
Issues for consideration
3 issues framed by the court
Whether the delay of 959 days in filing the appeal can be condoned under Section 173(1) of the Motor Vehicles Act, 1988.
Whether the Principle of Laches and the maxim 'Equity aids the vigilant, not those who slumber on their rights' justify dismissal.
Whether the deposition and subsequent withdrawal by the insurer negate sufficient cause for condoning delay.
Parties & counsel
- appellant
Vijayan
- appellant
Minor Kavitha
- appellant
Minor Sivasakthivel
- respondent
The National Insurance Company Limited
- respondent
Senthilkumar
Case details
As recorded by the court registry
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