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Madras High CourtCMP/12621/2016dismissed

The Manager v. Veeraselvi

2016-09-12Honourable Mr Justice T.Raja3 pages

C.M.P.No.12621 of 2016 in C.M.A.No.SR66682 of 2015 T.RAJA, J.

Heard. The Manager of Shriram General Insurance Company has proposed to challenge the impugned award passed by the Motor Accident Claims Tribunal (Subordinate Judge), Chidambaram in M.C.O.P.No.314 of 2011 granting a sum of Rs.11,35,000/- as against the claim of Rs.20,00,000/- with interest at the rate of 7.5% per annum from 8.9.2011 till the date of deposit, for the loss of life of the deceased-Parthiban, S/o Govindan, aged about 23 years, who was said to be a B.Sc., Computer Science graduate. However, Shriram General Insurance Company has committed a huge and unexplained delay of 200 days in filing the appeal. When the award was passed on 25.9.2014 by the Tribunal, the certified copies were applied by the lower Court counsel on 9.10.2014 and the same were delivered on 7.11.2014.

Subsequently, the same were forwarded to the office of the petitioner and thereafter it is not known how they have caused the delay. The only reason stated in the affidavit is that the petitioner has taken steps for obtaining approval to prefer the appeal and in this process the aforementioned delay has occurred. But in the present case, taking into account that a sum of Rs.11,35,000/- has been awarded by the Tribunal for the loss of life of a student, this Court does not find any justification to condone the delay. Therefore, finding no sufficient cause, C.M.P.No.12621 of 2016 stands dismissed. C.M.A.No.SR66682 of 2015 stands rejected.

2. Four weeks time is granted to the petitioner to deposit the entire amount of compensation together with interest as ordered by the Tribunal to the credit of the M.C.O.P.No.314 of 2011 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Chidambaram within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the claimants are entitled to withdraw the entire sum along with interest by moving appropriate application before the Tribunal.

12.09.2016 ss

T.RAJA, J.

C.M.P.No.12621 of 2016 in C.M.A.No.SR66682 of 2015 12.09.2016