Valarmathi v. Rajaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.11166 of 2018 and C.M.A.SR.No.81520 of 2017 1.Valarmathi 2.Madhaiyan .. Petitioners Vs.

1.Rajaram 2.The Divisional Manager, United India Insurance Company Ltd., Divisional Office, Tiruppur.

.. Respondents PRAYER: C.M.P.No.11166 of 2018 is filed under Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of 2179 days in filing the above appeal.

C.M.A.SR.No.81520 of 2017 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 26.07.2011 made in M.C.O.P.No.759 of 2010 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Dharmapuri. For Petitioners : Mr.R.Thamaraiselvan

O R D E R

This Civil Miscellaneous Petition is filed to condone the delay of 2179 days in filing the above C.M.A.SR.No.81520 of 2017, which is filed against the award dated 26.07.2011 made in M.C.O.P.No.759 of 2010 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Dharmapuri.

2.Heard the learned counsel appearing for the petitioners and perused the entire materials available on record. 3.According to the petitioners, due to family circumstances they could not meet the present counsel at Chennai to file appeal in time and the delay of 2179 days has occurred. The reason given by the petitioners is not valid and sufficient to condone the delay of 2179 days in filing the appeal. In view of the same, this Court is not inclined to condone the delay. Accordingly, C.M.P.No.11166 of 2018 stands dismissed and consequently, C.M.A.SR.No.81520 of 2017 is rejected at the SR stage itself. No costs.

28.01.2019.

krk

To 1.The Principal District Judge, Motor Accidents Claims Tribunal, Dharmapuri.

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

V.M.VELUMANI, J.

krk C.M.P.No.11166 of 2018 and C.M.A.SR.No.81520 of 2017 28.01.2019