Usha v. V.Purushothaman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.7751 of 2016 in C.M.A.SR.No.32550 of 2016 1.Usha 2.Sudharsan 3.Pavithra 4.Jayalakshmi .. Petitioners Vs.
1.V.Purushothaman 2.United India Insurance Co. Limited, 73C, MTH Road, Ambattur, Chennai-600 053.
.. Respondents PRAYER: C.M.P.No.7751 of 2016 is filed under Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of 1753 days in preferring the above appeal.
C.M.A.SR.No.32550 of 2016 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 11.02.2011 made in M.C.O.P.No.2729 of 2007 on the file of the
Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai.
For Petitioners : Mr.S.Ravikumar For R2 : Mr.D.Bhaskaran
O R D E R
C.M.P.No.7751 of 2016 is filed to condone the delay of 1753 days in preferring the above appeal.
C.M.A.SR.No.32550 of 2016 is filed against the judgment and decree dated 11.02.2011 made in M.C.O.P.No.2729 of 2007 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai.
2.Heard the learned counsel appearing for the petitioners as well as the learned counsel appearing for the second respondent and perused the materials available on record. 3.According to the petitioners, they could not mobilise funds to file appeal in time and hence the delay of 1753 days has
occurred in filing the appeal. The reason given by the petitioner is not valid and sufficient to condone the delay of 1753 days in filing the appeal. The petitioners have not explained as to how and when they arranged funds to file appeal. In view of the same, this Court is not inclined to condone the delay of 1753 days in filing the appeal. Accordingly, C.M.P.No.7751 of 2016 stands dismissed and consequently, C.M.A.SR.No.32550 of 2016 is rejected. No costs. 05.02.2019 rst/kj To The Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai.
V.M.VELUMANI, J.
rst/kj C.M.P.No.7751 of 2016 in C.M.A.SR.No.32550 of 2016 05.02.2019