S.Rathinavelu, v. P.Pushpanathan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.16831 of 2018 and C.M.A.SR.No.70533 of 2018 S.Rathinavelu . Petitioner/Appellant Vs.
1. P.Pushpanathan
2. The Divisional Manager, TATA AIG General Insurance Company Ltd., 174, I Floor, 100 Feet Road, Mudaliarpet, Puducherry.
.. Respondents (in both the petitions) Prayer in CMP.No.16831 of 2018:- This Civil Miscellaneous Petition is filed under Section 173 (1) of Motor Vehicles Act, 1988, to condone the delay of 1433 days in filing this CMA against the Fair and Final order dated 20.08.2014 made in M.A.C.T.O.P.No.463 of 2013 on the file of the Motor Accident Claims Tribunal, at Puducherry. Prayer in CMA SR.No.70533 of 2018:- This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, for enhancing compensation against the Fair and Final order dated 20.08.2014 made in M.A.C.T.O.P.No.463 of 2013 on the file of the Motor Accident Claims Tribunal, at Puducherry.
For Appellant (in both) : Mr.K.Sudhakar For Respondents (in both) : Mr.M.B.Gopalan Associates for R1 Mr.S.Manohar, R2
JUDGMENT
This petition has been filed to condone the delay of 1433 days in filing the above said appeal against the fair and final order dated 20.08.2014 made in MACTOP No.463 of 2013 on the file of the Motor Accident Claims Tribunal at Puducherry. https://hcservices.ecourts.gov.in/hcservices/
2. According to the petitioner, due to old age ailment and Jaundice, he was taking treatment and could not meet his counsel and instruct him to file the appeal in time. Hence, the delay of 1433 days has occurred in filing the appeal.
3. The reasons stated by the petitioner to condone the delay of 1433 days in filing the appeal is not sufficient. Hence, this civil miscellaneous petition is dismissed. Consequently, C.M.A.SR.No.70533 of 2018 is rejected. Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar dn To The Motor Accidents Claims Tribunal, at Puducherry.
C.M.P.No.16831 of 2018 and C.M.A.S.R.No.70533 of 2018 RK(CO) CS/13/06/2019 https://hcservices.ecourts.gov.in/hcservices/