Tammala Radha v. J. Srinivas Rao

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD I.A.No.1 of 2019 in/and M.A.C.M.A. No.1699 of 2019 COMMON JUDGMENT:

I.A.No.1 of 2019 is filed by the appellants seeking to condone the delay of 1392 days in filing M.A.C.M.A.No.1699 of 2019 against the order dated 24.10.2014 passed in O.P.No.1447 of 2011 by the Motor Accidents Claims Tribunal-cum-XIII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad. Heard and perused the record.

In the affidavit filed in support of I.A.No.1 of 2019, it has been stated that since the petitioner was out of station for his livelihood and due to illness and financial problems, he could not get the certified copies within the limitation period and therefore there was delay in filing the appeal.

But, it is to be seen that the impugned order was passed on 24.10.2014, copy application was filed by the counsel for the appellant on 27.10.2014, copy was made available on 04.04.2015 whereas the present appeal is filed on 24.06.2019. Thus, there is inordinate delay of 1392 days i.e. nearly 4 years 8 months. Except taking the plea that he went to some other place on his livelihood, petitioner has not assigned any sufficient and cogent reasons explaining the day-to-day delay in filing the appeal. Hence, this Court finds no ground to condone the inordinate delay of 1392 days in filing the appeal. Therefore, I.A.No.1 of 2019 is dismissed. Consequently, the appeal is rejected.

Miscellaneous petitions pending in this case, if any, shall stand closed. No order as to costs.

__________________________ T. AMARNATH GOUD, J 13.09.2019 sur