The High Court dismissed a petition filed to condone a 1891-day delay in filing an appeal under Section 173(1) of the Motor Vehicles Act, 1988. The court noted the absence of a positive explanation for the delay and the existence of an already withdrawn execution petition, rejecting the appeal petition C.M.A.No.sr19642 of 2022.
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C.M.P.No.4397 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on Pronounced on 07.02.2023 19.04.2023
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.P.No.4397 of 2022
in
C.M.A.No.sr19642 of 2022
1.Rani, W/o.Late Elumalai 2.Minor Roja, D/o.Late Elumalai 3.Minor Sridhar, S/o.Late Elumalai 4.Minor Tamilselvi, D/o.Late Elumalai (Minor Petitioners represented by their next friend/guardian Rani, W/o.Elumalai) All are residing at Vadakkal Village, Vadakalaithazhanur Post, Thirukkovilur Taluk, Villupuram District, Now residing at Veraiyur Village and Post, Tiruvannamalai Taluk and District.
... Petitioners
Vs.
1.Venkatesan, S/o.Lakshmanan Residing at No.2/264, J.J.Nagar 2nd Block, East Mugappair, Chennai
2.The Divisional Manager ICICI Lombard General Insurance Company Limited No.140, Chottabai Centre, 2nd Floor Nungambakkam High Road, Chennai.
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C.M.P.No.4397 of 2022
3.Subramani, S/o.Kandasamy Residing at No.2/106, Salai Street, Nallathur Panchayat Thirukazhukundram
4.The Divisional Manager ICICI Lombard General Insurance Company Limited No.140, Chottabai Centre, 2nd Floor Nungambakkam High Road, Chennai.
5.Kuppa Gounder, S/o.Azhagappan Residing at Vadakal Village Vadakazhaithazhanur Post Thirukovilur Taluk, Villupuram District.
6.Chinnaponnu, W/o.Kuppa Gounder Residing at Vadakal Village Vadakazhaithazhanur Post Thirukovilur Taluk, Villupuram District.
... Respondents
Prayer: Petition filed under Section 173(1) of the Motor Vehicles Act, 1988, to
condone the delay of 1891 days in filing the Appeal against the Judgment and decree dated 02.09.2016 made in MACTOP.No.7/2016 on the file of the Motor Accident Claims Tribunal, the Special Sub Judge, Tiruvannamalai.
For Petitioner : Mrs.M.Malar For Respondents : Mr.B.Sivakollappan (for R2 & R4)
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O R D E R
C.M.P.No.4397 of 2022
This Petition has been filed to condone the delay of 1891 days in filing an Appeal against the Judgment and decree dated 02.09.2016 made in MACTOP.No.7 of 2016 on the file of the Motor Accident Claims Tribunal, the Special Sub Judge, Tiruvannamalai.
2.Heard the learned counsel for the Petitioner and the learned counsel for
the Respondents 2 & 4.
3.A perusal of records reveals that there is an enormous delay of 1891 days in filing the Appeal. The award was passed as early as on 02.09.2016 in MACTOP.No.7 of 2016 by the learned Special Sub Judge, Tiruvannamalai. The Petitioner preferred this Appeal only during 2022, with the present Petition to condone the delay. It appears that the Petitioner has already filed Execution Petition and the compensation amount has been deposited and the same was also withdrawn by the claim Petitioners.
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C.M.P.No.4397 of 2022
4.After long delay the Petitioner has preferred this Appeal and hence, in the absence of any positive explanation for the long delay of 1891 days, I am not inclined to entertain this Petition.
5.Accordingly, this Petition dismissed. Consequently,
C.M.A.No.sr19642 of 2022 is rejected. No costs.
19.04.2023
Index : Yes/No Neutral Citation : Yes/No Speaking Order/Non-Speaking Order
sai
To The Special Sub Judge, Motor Accident Claims Tribunal, Tiruvannamalai.
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C.M.P.No.4397 of 2022
RMT.TEEKAA RAMAN.J,
sai
Pre-delivery Order made in C.M.P.No.4397 of 2022 in C.M.A.No.sr19642 of 2022
Dated:19.04.2023
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2 issues framed by the court
Whether to condone a delay of 1891 days in filing an appeal against a judgment and decree dated 02.09.2016.
Whether the failure to provide a positive explanation for the long delay warrants entertaining the condonation petition.
1 provisions across 1 enactments
Rani, W/o.Late Elumalai
Minor Roja, D/o.Late Elumalai
Minor Sridhar, S/o.Late Elumalai
Minor Tamilselvi, D/o.Late Elumalai
Venkatesan, S/o.Lakshmanan
The Divisional Manager ICICI Lombard General Insurance Company Limited
RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
