N.Rajammal v. M.Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.1414 of 2019 and C.M.A.SR.No.109898 of 2014 1.N.Rajammal 2.N.Prema 3.N.Raja Kumari 4.N.Selvaraj .. Petitioners Vs.

1.M.Raja 2.National Insurance Co. Ltd., 751, Anna Salai, Chennai 34.

.. Respondents PRAYER: C.M.P.No.1414 of 2019 is filed under Section 173(1) of the Motor Vehicles Act, to condone the delay of 2182 days in filing the above appeal.

C.M.A.SR.No.109898 of 2014 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 29.09.2008 made in M.A.C.T.O.P.No.2121 of 2005 on the file of the Motor Accident Claims Tribunal, Chief Judge, Small Causes Court, Chennai.

For Petitioners : Mr.P.Chinnaraj

O R D E R

C.M.P.No.1414 of 2019 is filed to condone the delay of 2182 days in filing the above appeal.

C.M.A.SR.No.109898 of 2014 is filed against the judgment and decree dated 29.09.2008 made in M.A.C.T.O.P.No.2121 of 2005 on the file of the Motor Accident Claims Tribunal, Chief Judge, Small Causes Court, Chennai.

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

3.According to the petitioners, the award was passed in the above M.A.C.T.O.P.No.2121 of 2005 dated 29.09.2008 after death of their father. They shifted to their native place and filed copy application during the month of December 2014 and the delay of 2182 days has occurred. The reason given by the petitioners for condoning the delay of 2182 days are not valid and sufficient. In view of the same, this Court is not inclined to condone the delay.

Accordingly, C.M.P.No.1414 of 2019 stands dismissed and consequently, C.M.A.SR.No.109898 of 2014 is rejected. No costs. 31.01.2019 rst/kj To Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai.

V.M.VELUMANI, J.

rst/kj C.M.P.No.1414 of 2019 and C.M.A.SR.No.109898 of 2014 31.01.2019