Minor B.Bhuveswaran v. R.Narayanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.19042 of 2017 and C.M.A.SR.No.86071 of 2017 Minor B.Bhuveswaran S/o.M.Babu Represented by his next friend/ father M.Babu, .. Petitioner Vs.

1.R.Narayanan 2.The United India Insurance Company Limited, Rep. by its Divisional Manager, K.B.S.Motors Building, 36, Katpadi Road, Gandhi Nagar, Vellore - 632 006, Vellore.

3. S.Janakiraman

4. The Oriental Insurance Company Ltd., 13th Street, Phase -II, Sathuvachari, Vellore - 9.

.. Respondents PRAYER: C.M.P.No.19042 of 2017 is filed under Section 173(1) of the Motor Vehicles Act, to condone the delay of 872 days in filing the above appeal.

C.M.A.SR.No.86071 of 2017 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated

27.01.2015 made in M.C.O.P.No.195 of 2012 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Vellore. For Petitioner : Mr.R.Nalliyappan For R1 to R3 : No appearance For R4 : Mr.Krishnamurthy

O R D E R

C.M.P.No.19042 of 2017 is filed to condone the delay of 872 days in filing the above appeal.

C.M.A.SR.No.86071 of 2017 is filed against the judgment and decree dated 27.01.2015 made in M.C.O.P.No.195 of 2012 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Vellore.

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

3.According to the petitioners, the appeal papers were misplaced while shifting their house and hence the delay of 872

days has occurred. The reason given by the petitioners for condoning the delay of 872 days is not valid and sufficient. In view of the same, this Court is not inclined to condone the delay. Accordingly, C.M.P.No.19042 of 2017 stands dismissed and consequently, C.M.A.SR.No.86071 of 2017 is rejected. No costs. 28.01.2019 rst/kj To The Motor Accident Claims Tribunal Chief Judicial Magistrate Vellore.

V.M.VELUMANI, J.

rst/kj C.M.P.No.19042 of 2017 and C.M.A.SR.No.86071 of 2017 28.01.2019