The Managing Director vs Vignesh (Minor)
2021 Latest Caselaw 25375 Mad

                                                                               C.M.P.No.21359 of 2021
                                                                                                    in
                                                                             C.M.A.Sr.No.51546 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 23.12.2021

                                                           CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                               C.M.P.No.21359 of 2021
                                                        and
                                              C.MA.Sr.No.51546 of 2019


                     The Managing Director
                     Metropolitan Transport Corporation Ltd.,
                     Anna Salai, Chennai – 2.                                     .. Petitioner


                                                             Vs.
                     Vignesh (Minor)                                              .. Respondent


                     PRAYER: Civil Miscellaneous Petition filed under Section 173(1) of the
                     Motor Vehicles Act praying to condone the delay of 72 days in
                     C.M.A.Sr.No.51546 of 2019 in pertinent to the judgment and decree dated
                     04.10.2018 made in M.C.O.P.No.7672 of 2013 on the file of the Motor
                     Accidents Claims Tribunal (III Small Causes Court), Chennai.
                                          For Petitioner       : Mr.S.Sivakumar

                                                           ********



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https://www.mhc.tn.gov.in/judis
                                                                                   C.M.P.No.21359 of 2021
                                                                                                        in
                                                                                 C.M.A.Sr.No.51546 of 2019

                                                           ORDER

The petitioner seeks condonation of delay of 72 days in filing the

Civil Miscellaneous Appeal.

2. The appeal is directed against the award of the Motor Accidents

Claims Tribunal granting a sum of Rs.25,000/- to the respondent as

compensation.

3. The reasons assigned for the delay is that the award was passed on

04.10.2018 and the copies were received on 08.11.2018. It is claimed that

the appellant/ Transport Corporation attempted to settle the matter amicably.

Since the attempt failed, it had taken legal opinion and filed the appeal. In

that process the delay of 72 days had occurred.

4. I do not think this would make out a sufficient cause for

condonation of delay under Section 5 of the Limitation Act. Moreover the

award is only for a sum of Rs.25,000/-. I therefore do not see any reason to

https://www.mhc.tn.gov.in/judis C.M.P.No.21359 of 2021 in C.M.A.Sr.No.51546 of 2019

entertain this Petition and it is accordingly dismissed. In view of the

dismissal of this Civil Miscellaneous Petition, the Civil Miscellaneous

Appeal in C.M.A.Sr.No.51546 of 2019 stands rejected at the SR stage. No

costs.

                                                                                   23.12.2021


                     dsa
                     Index            : No
                     Speaking order

                     To

The Motor Accidents Claims Tribunal, III Small Causes Court, Chennai.

https://www.mhc.tn.gov.in/judis C.M.P.No.21359 of 2021 in C.M.A.Sr.No.51546 of 2019

R.SUBRAMANIAN, J.

dsa

C.M.P.No.21359 of 2021 and C.MA.Sr.No.51546 of 2019

23.12.2021

https://www.mhc.tn.gov.in/judis