S.Paul Vincent v. S.Sakthivelan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.1176 of 2018 and C.M.A.SR.No.100792 of 2017 S.Paul Vincent .. Petitioner Vs.

1.S.Sakthivelan 2.National Insurance Co. Ltd., No.751, Mount Road, Chennai - 600 002.

Now at:

No.46, Moore Street, 2nd Line Beach Regina Mansion, Chennai - 600 001.

.. Respondents PRAYER: C.M.P.No.1176 of 2018 is filed under Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of 1070 days in filing the above appeal.

C.M.A.SR.No.100792 of 2017 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 07.07.2014 made in M.C.O.P.No.705 of 2004 on the file of Motor Accidents Claims Tribunal, Special Sub Court No.II, Chennai. For Petitioner : Mr.A.N.Viswanatha Rao For R2 : Mr.P.Sankaranarayanan

O R D E R

This Civil Miscellaneous Petition is filed to condone the delay of 1070 days in filing the above C.M.A.SR.No.100792 of 2017, which is filed against the judgment and decree dated 07.07.2014 made in M.C.O.P.No.705 of 2004 on the file of Motor Accidents Claims Tribunal, Special Sub Court No.II, Chennai.

2.Heard the learned counsel for the petitioner and perused all the materials available on record.

3.According to the petitioner, due to ill health he could not file the appeal in time. Hence, the delay of 1070 days has been occurred. The reason given by the petitioner is not valid and sufficient for condoning the delay of 1070 days. In view of the same, this Court is not inclined to condone the delay. Accordingly, C.M.P.No.1176 of 2018 stands dismissed and consequently, C.M.A.SR.No.100792 of 2017 is rejected at the SR stage itself. No costs.

11.02.2019 krk

To 1.The Special Subordinate Judge No.II, Motor Accidents Claims Tribunal, Chennai.

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

V.M.VELUMANI, J.

krk C.M.P.No.1176 of 2018 and C.M.A.SR.No.100792 of 2017 11.02.2019