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Madras High CourtCMP/16345/2017dismissed

Senthil Kumar v. Siva

2019-02-04Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.16345 of 2017 and C.M.A.SR.No.60716 of 2017 Senthil Kumar .. Petitioner Vs.

1.Siva 2.The Divisional Manager, National Insurance Company, Officers Line, Vellore.

.. Respondents ( First respondent remained exparte before Tribunal) PRAYER: C.M.P.No.16345 of 2017 is filed under Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of 2343 days in filing the above appeal.

C.M.A.SR.No.60716 of 2017 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 07.10.2010 made in M.C.O.P.No.72 of 2008 on the file of Motor Accidents Claims Tribunal, Additional District Court, Fast Track Court No.II, Ranipet, Vellore.

For Petitioner : Ms.S.Priyadharshini for Mr.E.Kannadasan For R2 : Mr.J.Chandran

O R D E R

This Civil Miscellaneous Petition is filed to condone the delay of 2343 days in filing the above C.M.A.SR.No.60716 of 2017, which is filed against the judgment and decree dated 07.10.2010 made in M.C.O.P.No.72 of 2008 on the file of Motor Accidents Claims Tribunal, Additional District Court, Fast Track Court No.II, Ranipet, Vellore.

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

3.According to the first petitioner, he went to Bangalore to do security work and could not contact the Lower Court counsel in time and due to the same, he could not file the appeal in time. Hence, the delay of 2343 days has been occurred. The reason given by the petitioner is not valid and sufficient for condoning the delay of 2343 days. In view of the same, this Court is not inclined to condone the delay. Accordingly, C.M.P.No.16345 of 2017 stands dismissed and consequently, C.M.A.SR.No.60716 of 2017 is rejected at the SR stage itself. No costs.

04.02.2019 krk

To 1.The Additional District Judge, Motor Accidents Claims Tribunal, Fast Track Court No.II, Ranipet, Vellore.

2.The Section Officer, VR Section, High Court, Madras.

V.M.VELUMANI, J.

krk C.M.P.No.16345 of 2017 and C.M.A.SR.No.60716 of 2017 04.02.2019