The Managing Director v. Sivabhakkiam

C.M.P.No.18867 of 2016 in C.M.A. No.SR61006 of 2016 T.RAJA, J.

This petition has been filed to condone the delay of 564 days in filing the un-numbered appeal against the impugned award dated 30.10.2014 made in M.C.O.P. No.73 of 2014 on the file of the Motor Accidents Claims Tribunal, Principal District and Sessions Judge, Thiruvarur. 2.Learned counsel appearing for the petitioner would submit that after the impugned award passed on 30.10.2014, the same was delivered only on 24.03.2016. Thereafter the same was placed before the appeal committee for getting approval. After complying all the administrative formalities, the papers were forwarded with the office of the counsel. In this process, the aforementioned delay of 564 days had occurred. According to the petitioner, since the said delay was neither willful nor wanton, no prejudice would be caused if it is condoned.

3.This Court is not able to see any merit or any sufficient cause to condone the delay. As it is well settled law that everyday's delay has to be explained and no such explanation has been given in the present case, this

T.RAJA, J.

vga petition fails and the same is dismissed. Consequently, CMA No.SR 61006/2016 stands rejected.

4.The petitioner/Transport Corporation is directed to deposit the entire award amount to the credit of M.C.O.P. No.73 of 2014 on the file of the Motor Accidents Claims Tribunal, Principal District and Sessions Judge, Thiruvarur, within a period of four weeks from the date of receipt of a copy of this order.

On such deposit, the claimants are permitted to withdraw the amount, by filing appropriate application before the Tribunal. 29.11.2016 vga C.M.P.No.18867 of 2016 in C.M.A. No.SR61006 of 2016 http://www.judis.nic.in