C.Kumar v. C.Manickam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.1303 of 2016 and C.M.A.SR.No.4295 of 2016 C.Kumar .. Petitioner Vs.
1.C.Manickam 2.The New India Assurance Co., Ltd., Rep. by it's Divisional Manager, Motor Third Party Claims Cell, No.69/70, Sheikpet nadu street Kancheepuram - 631 501.
3. The Managing Director, TNSTC (Villupuram Division III) Ltd., Kancheepuram - 631 501.
.. Respondents PRAYER: C.M.P.No.1303 of 2016 is filed under Section 173(1) of the Motor Vehicles Act, to condone the delay of 810 days in filing the above appeal.
C.M.A.SR.No.4295 of 2016 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 22.11.2012 made in M.C.O.P.No.240 of 2009 on the file of the Motor Accident Claims Tribunal, Principal Sub Court, Chengalpattu.
For Petitioner : Ms.R.A.Srividhya For R1 & R3 : No appearance For R2 : Mr.J.Michael Visuvasam
O R D E R
C.M.P.No.1303 of 2016 is filed to condone the delay of 810 days in filing the above appeal.
C.M.A.SR.No.4295 of 2016 is filed against the judgment and decree dated 22.11.2012 made in M.C.O.P.No.240 of 2009 on the file of the Motor Accident Claims Tribunal, Principal Sub Court, Chengalpattu.
2.Heard the learned counsel appearing for the petitioner as well as second respondent and perused the materials available on record.
3.According to the petitioner, due to difficulties faced, the petitioner was struggling for his livelihood and could not meet the lower court counsel immediately after the award. Hence the delay of 810 days has occurred. The reason given by the petitioner for
condoning the delay of 810 days in filing the appeal is not valid and sufficient. In view of the same, this Court is not inclined to condone the delay. Accordingly, C.M.P.No.1303 of 2016 stands dismissed and consequently, C.M.A.SR.No.4295 of 2016 is rejected. No costs. 28.01.2019 rst/kj To Motor Accidents Claims Tribunal, Principal Subordinate Judge, Chengalpattu.
V.M.VELUMANI, J.
rst/kj C.M.P.No.1303 of 2016 and C.M.A.SR.No.4295 of 2016 28.01.2019