Swaroopa v. Rambabu D
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[ 32s6 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD IVONDAY. THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY l.A.No.1 of 2019 ln/and MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: '126 OF 2019 Appeal filed Under Section 173 of lr,4otor Vehicles Act,19BB against the Order and decree in M V.O.P.No 2230 of 2009 dated.17 -09-2012 on the file of the Court of the XXll Additional Chief Judge, cum lt4otor Accidents Tribunal ,City Criminal Court , Hyderabad.
Between:
1. Swaroopa, K, Wo Late K.Prabakar, age 32 years, occ Housewife(Wife) ,
2. Nikil.K, S/o Late Prabakar Krishna .N, Age 05 years, Occ Student (son of deceased)
3. Veeramma.K, Wo Late. Narasiah,(died for Lrs), Age 65 years , Occ Nil,(Mother of deceased)
4. Ramaswamy.K, S/o Late Narasaiah. Age 41 years, Occ Nil (Elder Brother of deceased) (They all are temporarily R/o. H.No.1-10-16/81, Chikadpally , Hyderabad) .
... Petitioner/Appellant in MACMA and l.A.No.1 of 2019 AND Rambabu D, S/o. Siva Swamy, Age Major,Occ: Business, R/o.H.No. 1-571419, Kondapur, Ranga Reddy , Dist (Owner of the crime vehicle Auto Trally bearing No AP -28-Y-1509 ) M/s. Shri Ram General lnsurance Co Ltd, Rep. by its Branch Manager, Branch Office ,R/o H.No 3-6-196,197, Himayathnagar, Hyderabad, A.P. (lnsurer of Crime vehicle Auto Trally bearing No AP -28-Y-1509, Policy No.10000 131 1091008222, valid from 21-11-2008 to 20-11-2009)
...Respondents/1"t & znd OPP.Parties in MACMA and l.A.No.1 of 2019
t ',./.
lA NO: '1 OF 2019 Petition under Section 5 of Limitation Act praying that in the circumstances stated in the affrdavit filed in support of the petition, the High Court may be pleased to condone the delay of 2109 days in filing the appeal. Counsel for the Appellants :SRl MAMIDI SRINIVASU Counsel for the Respondents : _ _ _ The Court delivered the following: Common Judgment
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY I.A.No.1 of 2OL9 In And MACMA No.126 of 2()19 COMMON JUDGMENT:
The appeal has been filed by the appellants / claimants being aggrieved by the judgment dated 17.O9.2O12 passed in MVOP.No.223O of 2009 by the leerrncd XXII Additional Chief Judgecum-Motor Accidents Tribunal, City Criminal Court, Hyderabad, with a delay of 2lO9 days and LA.No.1 of 2Cl9 has been filed seeking to condone the said delay.
On perusal of the affidavit filed in support of the t.A.No.i of 2019, it is evident that except stating that the appellants/claimants are suffering with financial constraints, day to-day delay has not been explained in the matler.
.
Since there is inordinate delay of21O9 days in hling the appeal and the same has not been propcrly explained, this Court does not find any reason to condone the delay.
Resultantly, I.A.No.1 of 2Ol9 is dismissed and the present appeal stands rejccted. No order as to costs. SD/- A. SREENIVASA REDDY ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER \ To,
1. The XXll Additional Chief Judge, cum [Vlotor Accidents Tribunal 'City Criminal Court , HYderabad 2 One CC to SRI MAMIDI SRINIVASU, Advocate [OPUC]
3. Two CD Copies o ADI(SA -#
HIGH COURT DATED:2711012025 ( k'.
o() .-.
I [ 5 Llc 7"'q COMMON JUDGMENT , rCtlEo l.A.No.1 of 2019 ln/and MACMA.No.126 of 2019 I DISMISSING THE I.A.No.1 ot 2019 and REJECTING THE MACMA WITHOUT COSTS 2A o