C.M.P.No.12120 of 2022 in
C.M.A.Sr.No.119195 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2022
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.P.No.12120 of 2022
and
C.M.A.SR.No.119195 of 2018
The United India Insurance Company Ltd.,
Branch Office,
180A, Attur Road,
Rasipuram – 637 408,
(As per I.A.No.160 of 2004, dated 04.03.2004
impleaded as 2nd respondent) ...Petitioner
Vs.
1. Parvathi
2. Jeganathan
3. Sarasvathi
4. Chinnaiyan
5. Manokaran ...Respondents
***
Prayer in C.M.P. Miscellaneous Petitions filed under Section 173(1) of
Motor Vehicles Act to condone the delay of 4703 days in M.C.O.P.No.108 of
2005 on 31.08.2005 on the file of the Motor Accident Claims Tribunal (Fast
Track Judge Court) Kallakurichi pending disposal of the above Civil
Miscellaneous Appeal.
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https://www.mhc.tn.gov.in/judis
C.M.P.No.12120 of 2022 in
C.M.A.Sr.No.119195 of 2018
Prayer in C.M.A: Appeal filed under Section 173 of the Motor Vehicles Act
1988 against the judgment and decree passed in M.C.O.P.No.108 of 2005 on
31.08.2005 on the file of the Motor Accident Claims Tribunal (Fast Track
Judge Court) at Kallakurichi, Villupuram District.
***
For Petitioners : Mr.J.Chandran
ORDER
The above appeal has been filed by the second respondent-Insurance Company before the Tribunal, challenging the Award dated 31.08.2005 passed by the Motor Accident Claims Tribunal (Fast Track Court), in M.C.O.P.No.108 of 2005.
2. The appeal has however been filed with a delay of over 4703 days. Challenge to the Award is on the ground that the first respondent before the Tribunal remained absent and had not entered the witness box to adduce the evidence. Further, it is also seen from the grounds of appeal that the Insurance Company had earlier challenged the very same Award by filing Page 2/5 https://www.mhc.tn.gov.in/judis C.M.P.No.12120 of 2022 in C.M.A.Sr.No.119195 of 2018 C.R.P.No.3305 of 2017. This Civil Revision Petition was withdrawn on 20.04.2018 seeking liberty to file the Civil Miscellaneous appeal. The said order has also been granted by this Court by its order dated 20.04.2018. The petitioner would therefore contend that they have now filed this appeal.
3. A perusal of the grounds of appeal would clearly indicate that the challenge to the Award is primarily on the ground that the first respondent owner of the offending vehicle had remained ex-parte. There is no serious challenge to the Award passed by the Tribunal. No reasons have also been given for the delay of 4703 days in filing the appeal except for stating that the delay was on account of the learned counsel who had appeared in the lower Court, pendency of C.R.P and administrative reasons. The proceedings in the lower Court had culminated with the Award being pronounced on 31.08.2005. However, the revision has been filed in the year 2017 and ultimately, the same was withdrawn in the year 2018. There is no explanation for the delay from 2005 to 2017.
4. In the light of the above and taking note of the fact that there is no reason to contest the Award passed by the Tribunal, the Civil Page 3/5 https://www.mhc.tn.gov.in/judis C.M.P.No.12120 of 2022 in C.M.A.Sr.No.119195 of 2018 Miscellaneous Petition is dismissed. Consequently, the Civil Miscellaneous Appeal is rejected at the S.R. stage itself. No costs.
06.09.2022
Index : Yes/No
srn
To
1.The Motor Accident Claims Tribunal (Fast Track Judge Court) Kallakurichi
2.The Section Officer, V.R.Section, High Court of Madras, Chennai.
Page 4/5 https://www.mhc.tn.gov.in/judis C.M.P.No.12120 of 2022 in C.M.A.Sr.No.119195 of 2018 P.T.ASHA.J srn C.M.P.No.12120 of 2022 in C.M.A.SR.No.119195 of 2018 06.09.2022 Page 5/5 https://www.mhc.tn.gov.in/judis