S.Lakshmi W/O.Seerangan, v. K.Sujendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.11355 of 2016 and C.M.A.SR.No.45651 of 2016 1.S.Lakshmi 2.S.Punitha .. Petitioners Vs.

1.K.Sujendran 2.MA.Basheer 3.National Insurance Company Ltd., Kottayam, Kerala State.

4.Seerangan .. Respondents PRAYER: C.M.P.No.11355 of 2016 is filed under Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of 1069 days in filing the above appeal.

C.M.A.SR.No.45651 of 2016 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 07.12.2012 made in M.C.O.P.No.487 of 2011 on the file of Motor Accidents Claims Tribunal, Sub Court, Sathiyamangalam. For Petitioners : Mr.V.P.K.Gowtham For R2 : Mr.S.Arun Kumar For R3 : Mr.J.Michael Visuvasam For R4 : Mr.Sai, Bharath & Ilan

O R D E R

This Civil Miscellaneous Petition is filed to condone the delay of 1069 days in filing the above C.M.A.SR.No.45651 of 2016, which is filed against the judgment and decree dated 07.12.2012 made in M.C.O.P.No.487 of 2011 on the file of Motor Accidents Claims Tribunal, Sub Court, Sathiyamangalam.

2.Heard the learned counsel for the petitioners and perused all the materials available on record.

3.According to the first petitioner, she suffered Jaundice and was taking treatment and due to the same, she could not file the appeal in time. Hence, the delay of 1069 days has been occurred. The reason given by the petitioners is not valid and sufficient for condoning the delay of 1069 days. In view of the same, this Court is not inclined to condone the delay. Accordingly, C.M.P.No.11355 of 2016 stands dismissed and consequently, C.M.A.SR.No.45651 of 2016 is rejected at the SR stage itself. No costs. 11.02.2019 krk

To 1.The Subordinate Judge, Motor Accidents Claims Tribunal, Sathiyamangalam.

2.The Section Officer, VR Section, High Court, Madras.

V.M.VELUMANI, J.

krk C.M.P.No.11355 of 2016 and C.M.A.SR.No.45651 of 2016 11.02.2019