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Madras High CourtCMP/18654/2018dismissed

K.Ramadoss v. Arun Prakash

2019-02-11Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.P.No.18654 of 2018 and C.M.A.SR.No.110649 of 2018 1.K.Ramadoss 2.Kumar .. Petitioners Vs.

1.Arun Prakash 2.Reliance General Insurance Company Ltd., 1st Floor, No.Gee Jay Arcade, No.141/71, T.V.Swamy Road, West R.S.Puram, Coimbatore.

.. Respondents ( First respondent remained exparte before Tribunal. Hence notice may be dispensed with ) PRAYER: C.M.P.No.18654 of 2018 is filed under Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of 1121 days in filing the above appeal.

C.M.A.SR.No.110649 of 2018 is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 26.12.2014 made in M.C.O.P.No.533 of 2011 on the file of Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Tirupur. For Petitioners : Mr.K.Vardha Kamaraj For R2 : No Appearance

O R D E R

This Civil Miscellaneous Petition is filed to condone the delay of 1121 days in filing the above C.M.A.SR.No.110649 of 2018, which is filed against the judgment and decree dated 26.12.2014 made in M.C.O.P.No.533 of 2011 on the file of Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Tirupur. 2.Heard the learned counsel for the petitioners and perused all the materials available on record.

3.According to the petitioners, due to family problem, they could not file the appeal in time. Hence, the delay of 1121 days has been occurred. The reason given by the petitioners is not valid and sufficient for condoning the delay of 1121 days. In view of the same, this Court is not inclined to condone the delay. Accordingly, C.M.P.No.18654 of 2018 stands dismissed and consequently, C.M.A.SR.No.110649 of 2018 is rejected at the SR stage itself. No costs.

11.02.2019 krk

To 1.The Chief Judicial Magistrate, Motor Accidents Claims Tribunal, Tirupur.

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

V.M.VELUMANI, J.

krk C.M.P.No.18654 of 2018 and C.M.A.SR.No.110649 of 2018 11.02.2019