K.Velladurai v. S.Balasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.7203 of 2016 and C.M.A.SR.No.30583 of 2016 K.Velladurai .. Petitioner Vs.

1.S.Balasundaram 2.Reliance General Insurance Co. Ltd., No.6, Haddows Road, Reliance House, 6th Floor, Chennai - 600 006.

.. Respondents PRAYER: C.M.P.No.7203 of 2016 is filed under Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of 921 days in filing the above appeal.

C.M.A.SR.No.30583 of 2016 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 30.04.2013 made in M.C.O.P.No.4745 of 2010 on the file of the Motor Accidents Claims Tribunal, Special Sub Court No.II, Chennai. For Petitioner: Mr.S.Ravikumar

O R D E R

This Civil Miscellaneous Petition is filed to condone the delay of 921 days in filing the above C.M.A.SR.No.30583 of 2016, which is filed against the award dated 30.04.2013 made in M.C.O.P.No.4745 of 2010 on the file of the Motor Accidents Claims Tribunal, Special Sub Court No.II, Chennai.

2.Heard the learned counsel appearing for the petitioner and perused the entire materials available on record. 3.According to the petitioner, he could not able to pay Court fee immediately. Hence, the delay of 921 days has occurred in filing the appeal. The petitioner has not explained as to how and when he arranged funds to pay the Court fee. In view of the same, this Court is not inclined to condone the delay of 921 days. Accordingly, C.M.P.No.7203 of 2016 stands dismissed and consequently, C.M.A.SR.No.30583 of 2016 is rejected at the SR stage itself. No costs.

07.02.2019.

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.7203 of 2016 and C.M.A.SR.No.30583 of 2016 07.02.2019