Reliance General Insurance Company Ltd., v. Usharani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday,the Twenty First day of December Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice S.VAIDYANATHAN and The Hon`ble Dr.Justice G.JAYACHANDRAN C.M.P.(MD)No.10681 of 2021 in C.M.A.(MD)No.SR19008 of 2015 RELIANCE GENERAL INSURANCE COMPANY LTD., NO.55, FIRST FLOOR, SRI MEENAKSHI PLAZA, 80 FEET ROAD, ANNA NAGAR, MADURAI. ... PETITIONER/APPELLANT Vs 1 USHARANI 2 MADHUSUTHANAN 3 MATHURI 4 PUSHPHAM ...RESPONDENTS/RESPONDENTS 5 RAVINDRAN 6.VIJAYA ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 1868 days in representing the CMA SR No. 19008 of 2015 before this Honourable Court as against the award passed in MCOP NO. 74 of 2010 on the file of the Motor Accident Claims Tribunal/ Subordinate Court, Kulithalai. PRAYER IN C.M.A.(MD)No.SR19008 of 2015:
To set aside the decree and judgment of Motor Accident Claims Tribunal Subordinate Judge, Kulithalai dated 04.04.2014 made in M.C.O.P.No.74/2010 and allow the appeal.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.K.GOKUL, Advocate for the petitioner and of MR.BENJAMIN, Advocate on behalf of the Respondents the court made the following order:- [Order of the Court was made by DR.G.JAYACHANDRAN,J.] There is an inordinate delay of 1868 days in representing the CMA(MD)No.SR19008/2015.
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2. Perusal of the papers indicates that against the award, dated 04.04.2014, passed in M.C.O.P.No.74 of 2010, on the file of the Motor Accidents Claims Tribunal/Sub Court, Kulithalai, appeal has been filed on 22.04.2015 with considerable delay. That apart, when the papers were returned for defective filing, the appellant has taken 1868 days for representing the same.
3. Since the delay is not properly explained and in the case of motor accident claim, Court cannot be very lenient in condoning the delay since the delay affects the motor accident victim and his dependents. Hence, this petition to condone the delay of 1868 days in representing the appeal is dismissed.
sd/- 21/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KULITHALAI.
+1. C.C. to M/S.K.GOKUL Advocate SR.No.39932
ORDER
IN C.M.P.(MD)No.10681 of 2021 in C.M.A.(MD)No.SR19008 of 2015 Date :21/12/2021 VB/PN/SAR-I/27.12.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/