S.Pradeep v. Kaleel Rahaman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2020

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI S.Pradeep .. Petitioner Vs.

1.Kaleel Rahaman 2.Shiram General Insurance Co. Ltd., II Floor, City Centre complex, 66, Thriumala Pillai Road near Vani Mahal, T.Nagar, Chennai-600017 .. Respondents PRAYER: C.M.P.No.21970 of 2019 is filed under Section 173 (1) of the Motor Vehicles Act, 1988, to condone the delay of 2004 days in filing the above appeal.

C.M.A.SR.No.124090 of 2019 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated

21.06.2010 made in M.C.O.P.No.1584 of 2010 on the file of the Motor Accident Claims Tribunal, Cuddalore For Petitioner : Mr.S.Udayakumar

O R D E R

C.M.P.No.21971 of 2019 is to condone the delay of 2004 days in filing the above appeal.

C.M.A.SR.No.124090 of 2019 is filed against the judgment and decree dated 21.06.2010 made in M.C.O.P.No.1584 of 2010 on the file of the Motor Accident Claims Tribunal, Cuddalore 2.Heard learned counsel appearing for the petitioner and perused the materials available on record.

3.The learned counsel for the petitioner submitted that the award was passed on 09.12.2013, the counsel applied for copy application on 20.08.2019 and the same was made ready only on 12.09.2019. The petitioner was suffering from Jaundice, bed ridden and he took treatment in Maharastra State to fix the artificial limb.

Due to the above reason, he could not collect the papers from the Trial Court for filing the appeal in time. Hence, the delay of 2004 days has occurred in filing the appeal. The reason given by the petitioner to condone the delay of 2004 days in filing the appeal is not valid and sufficient. The petitioner is not diligent enough to prosecute the case. in In view of the same, this Court is not inclined to condone the delay. Accordingly, C.M.P.No.21971 of 2019 stands dismissed and consequently, C.M.A.SR.No.124090 of 2019 is rejected. No costs.

06.02.2020 vsn To The Motor Accidents Claims Tribunal, Cuddalore

V.M.VELUMANI, J.

vsn 06.02.2020