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Madras High CourtCMP/7465/2021dismissed

Ramadoss v. E.Vasantha

2023-03-20Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 02.02.2023 PRONOUNCED ON : 20.03.2023

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and CMA SR No.39510 of 2021 Mr.Ramadoss .. Petitioner/Appellant Vs.

1. E.Vasantha, Kumaravadi Village, Maduranthakam Taluk.

2. Reliance General Insurance Co. Ltd., No.6, Haddoss Road, Nungambakkam, Chennai - 600 006.

.. Respondents/Respondents PRAYER in CMP No.7465 of 2021: This Civil Miscellaneous Petition is filed under Section 173(1) of Motor Vehicles Act, to condone the delay of 1538 days in filing the Civil Miscellaneous Appeal. Page No.1/4

PRAYER in CMA SR.No.39510 of 2021: This Civil Miscellaneous Appeal sought to be preferred under Section 173 of MV Act, against the judgment and decree dated 27.03.2015 made in M.C.O.P.No.22 of 2010 on the file of the Motor Accidents Claims Tribunal [Additional Subordinate Judge], Chengalpattu.

For Petitioner/ Appellant : Mr.A.C.Kumaragurubaran For Respondents : Mrs.Salomi (for R1) Mr.P.Suresh Srinivasan (for R2) COMMON ORDER This petition is filed to condone the delay of 1538 days in filing the Civil Miscellaneous appeal.

2.The injured claimant is the petitioner herein. He has filed MCOP No.22 of 2010, before the Motor Accidents Claims Tribunal [Additional Subordinate Judge], Chengalpattu, for claiming compensation and after trial, a sum of Rs.9,19,997/- was awarded on 27.03.2015. The insurance company also deposited the amount in the same year and the amount is also withdrawn. After waiting for the six long years, the present application is filed.

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3. Counter affidavit has been filed by the 2nd respondent-Insurance Company.

4. Heard the learned counsel for the petitioner/appellant, the learned counsel for the 1st respondent as well as the learned counsel for 2nd respondent-Insurance company and perused the counter affidavit.

5. After perusing the affidavit, I do not find any valid reason much less sufficient cause to condone the huge delay of 1538 days. Therefore, the Civil Miscellaneous Petition is dismissed and the Civil Miscellaneous Appeal in CMA SR.No.39510 of 2021, stands rejected at the SR stage itself. No Costs.

20.03.2023 Index : Yes/No ars Page No.3/4

RMT.TEEKAA RAMAN,J., ars To The Additional Subordinate Judge, Motor Accidents Claims Tribunal, Chengalpattu.

Pre-delivery order in 20.03.2023 Page No.4/4