K.Mohanarangan v. E.Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.7916 of 2016 and C.M.A.SR.No.31369 of 2016 K.Mohanarangan .. Petitioner Vs.

1.E.Kumar 2.United India Insurance Company Limited, No.235, N.M.Road, Avadi, Chennai-54.

.. Respondents PRAYER: C.M.P.No.7916 of 2016 is filed under Section 173 (1) of the Motor Vehicles Act, 1988, to condone the delay of 1497 days in filing the above appeal.

C.M.A.SR.No.31369 of 2016 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 17.08.2011 made in M.C.O.P.No.2210 of 2008 on the file of the Motor Accident Claims Tribunal, IV Judge, Small Causes Court, Chennai.

For Petitioner : Mr.S.Ravikumar

O R D E R

C.M.P.No.7916 of 2016 is filed to condone the delay of 1497 days in filing the above appeal.

C.M.A.SR.No.31369 of 2016 is filed against the judgment and decree dated 17.08.2011 made in M.C.O.P.No.2210 of 2008 on the file of the Motor Accident Claims Tribunal, IV Judge, Small Causes Court, Chennai.

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

3.According to the petitioner, he could not mobilise funds to file appeal in time and hence, the delay of 1497 days has occurred in filing the appeal. The petitioner has not given any particulars as to how and when he arranged funds to file appeal. The reason given by the petitioner is not valid and sufficient for condoning the delay of 1497 days in filing the appeal. In view of the same, this Court is

not inclined to condone the delay of 1497 days in filing the appeal. Accordingly, C.M.P.No.7916 of 2016 stands dismissed and consequently, C.M.A.SR.No.31369 of 2016 is rejected. No costs. 13.02.2019 kj To Motor Accidents Claims Tribunal, IV Judge, Small Causes Court, Chennai.

V.M.VELUMANI, J.

kj C.M.P.No.7916 of 2016 and C.M.A.SR.No.31369 of 2016 13.02.2019