Premalatha v. Kulandaiyappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.472 of 2017 and C.M.A.SR.No.94551 of 2016 1.Premalatha 2.Rajammal 3.Rangasamy .. Petitioners Vs.

1.Kulandaiyappan 2.The Managing Director, Tamil Nadu State Transport Corporation, Coimbatore (Division) Ltd., 37, Mettupalayam road, Coimbatore-641 043.

.. Respondents PRAYER: C.M.P.No.472 of 2017 is filed under Section 173(1) of the Motor Vehicles Act, to condone the delay of 2730 days in filing the above appeal.

C.M.A.SR.No.94551 of 2016 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 06.02.2007 made in M.C.O.P.No.43 of 2006 on the file of the Motor Accident Claims Tribunal, Additional District-cum-Fast Track Court No.I, Erode.

For Petitioners : Mr.R.Nalliyappan For Respondents : No Appearance

O R D E R

C.M.P.No.472 of 2017 is filed to condone the delay of 2730 days in filing the above appeal.

C.M.A.SR.No.94551 of 2016 is filed against the judgment and decree dated 06.02.2007 made in M.C.O.P.No.43 of 2006 on the file of the Motor Accident Claims Tribunal, Additional District-cum-Fast Track Court No.I, Erode.

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

3.According to the petitioners, after obtaining the award the same was misplaced while shifting the house and hence the delay of 2730 days has occurred in filing the appeal. The reasons given by the petitioners are not valid and sufficient for condoning delay of 2730 days in filing the appeal. In view of the same, this Court is not inclined to condone the delay. Accordingly, C.M.P.No.472 of

2017 stands dismissed and consequently, C.M.A.SR.No.94551 of 2016 is rejected. No costs.

28.01.2019 rst/kj To Motor Accidents Claims Tribunal, Additional District Judge Fast Track Court No.I, Erode.

V.M.VELUMANI, J.

rst/kj C.M.P.No.472 of 2017 and C.M.A.SR.No.94551 of 2016 28.01.2019