Malarvizhimeenachi v. R. Venkatesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.17503 of 2017 and C.M.A.SR.No.71351 of 2017 Malarvizhimeenachi .. Petitioner Vs.

1.R.Venkatesh 2.Royal Sundaram Alliance Insurance Company Limited, Avinasi Road, Thirumalai Towers, Coimbatore-641 018.

.. Respondents PRAYER: C.M.P.No.17503 of 2017 is filed under Section 151 of the CPC, to condone the delay of 1049 days in filing the above appeal. C.M.A.SR.No.71351 of 2017 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 10.07.2014 made in M.C.O.P.No.117 of 2012 on the file of the Motor Accident Claims Tribunal, Sub Court, Sathyamangalam.

For Petitioner : Mr.R.Nalliyappan For R1 : No Appearance For R2 : Mr.J.Chandran

O R D E R

C.M.P.No.17503 of 2017 is filed to condone the delay of 1049 days in filing the above appeal.

C.M.A.SR.No.71351 of 2017 is filed against the judgment and decree dated 10.07.2014 made in M.C.O.P.No.117 of 2012 on the file of the Motor Accident Claims Tribunal, Sub Court, Sathyamangalam.

2.Heard the learned counsel appearing for the petitioner as well as second respondent and perused the materials available on record.

3.According to the petitioner, the award was misplaced while shifting the house and hence the delay of 1049 days has occurred in filing the appeal. The reason given by the petitioner is not valid

and sufficient for condoning the delay of 1049 days in filing the appeal. In view of the same, this Court is not inclined to condone the delay. Accordingly, C.M.P.No.17503 of 2017 stands dismissed and consequently, C.M.A.SR.No.71351 of 2017 is rejected. No costs. 28.01.2019 rst/kj To Motor Accidents Claims Tribunal, Subordinate Judge, Sathyamangalam.

V.M.VELUMANI, J.

rst/kj C.M.P.No.17503 of 2017 and C.M.A.SR.No.71351 of 2017 28.01.2019