The Divisional Manager vs Ranjini
2021 Latest Caselaw 2298 Mad

                                                                            C.M.P.(MD).No.676 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 02.02.2021

                                                     CORAM

                             THE HONOURABLE MRS.JUSTICE J.NISHA BANU
                                         C.M.P(MD)No.676 of 2021
                                       in C.M.A(MD).SR.No.14937 of 2017


                      The Divisional Manager,
                      National Insurance Company Limited,
                      Tenkasi Road, Rajapalayam.
                                                                 ... Petitioner/Appellant
                                                        Vs.

                      1. Ranjini

                      2. Manoharan

                      3. Porkodi

                      4. The Managing Director,
                         State Express Transport Corporation,
                         Pallavan Salai,
                         Chennai - 600 002.

                      5. Nallathambi                            ....Respondents/Respondents

                      Prayer in C.M.P(MD).No.676 of 2021: This petition is filed under
                      Order 4 Rules 9(4) of AS Rules, to condone the delay of 1074 days in re-
                      presenting the above Civil Miscellaneous Appeal in C.M.A.SR.No.14937
                      of 2017.
                      Prayer in C.M.A(MD).SR.No.14937 of 2017: This Civil Miscellaneous
                      Appeal is filed under Section 173 of the Motor Vehicles Act, 1988,

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                                                                               C.M.P.(MD).No.676 of 2021


                      against the Judgment and Decree dated 04.11.2016 made in MCOP.No.
                      37    of   2012   on   the    file    of   the   Motor   Accident       Claims
                      Tribunal/Subordinate Court, Virudhunagar.


                                   For Petitioner      : Mr.D.Sivaraman


                                                           ORDER

This Civil Miscellaneous Petition has been filed to condone the

delay of 1074 days in representing the above appeal.

2. Learned counsel for the petitioner would submit that the above

Civil Miscellaneous Appeal was originally filed on 03.04.2017 and the

same was returned by this Court for compliance of certain defects on

05.04.2017. Due to want of sanction from the Finance Committee for

making the pre-conditioned deposit and also due to some administrative

reasons, there was a delay in making initial deposit and obtaining deposit

receipt. Hence, the delay is neither wilful nor wanton and would pray to

condone the delay of 1074 days in re-presenting the above appeal.

3. Heard the learned counsel for the petitioner and also perused the

materials available on record.

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C.M.P.(MD).No.676 of 2021

4. In State of Bihar vs. Deo Kumar Singh (SLP (Civil) No.

13348/2019 dated 05.05.2019, the appeal was filed with the delay of 728

days stating that the delay occurred in obtaining all the sanctions from

the respective departments and also in receiving the affidavit and

vakalathnama from the concerned department. The Hon'ble Supreme

Court in the said case, has held that a clear signal has to sent to the

Government Authorities that they cannot approach the Court as an when

they please on account of gross incompetence of their officers and that

too without taking any action against the concerned officers. Ultimately,

in the said case, the Apex Court while declining to condone the delay of

728 days in filing the appeal, imposed the cost of Rs.20,000/- to be

recovered from the officers responsible for that delay and be deposited to

the Mediation Centre of the Supreme Court within four weeks.

5. In the present case also, the delay is stated to have been

occurred for want of sanction from the Finance Committee for making

the pre-conditioned deposit and also due to some administrative reasons

for re-presenting the appeal. In view of the above judgment of the Apex

Court, such kind of reasons cannot be termed as sufficient reasons to

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C.M.P.(MD).No.676 of 2021

condone the delay. Therefore, this Court is not inclined to condone the

delay of 1074 days in re-presenting the appeal.

6. Accordingly, this petition is dismissed. In view of the order

passed in CMP(MD)No.676 of 2021, the connected C.M.A.(MD)SR.No.

14937 of 2017 is rejected at the SR stage itself. No costs.

02.02.2021 Index : Yes/No Internet : Yes/No pkn

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

1. Motor Accident Claims Tribunal/Subordinate Judge, Virudhunagar.

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C.M.P.(MD).No.676 of 2021

J.NISHA BANU,J

pkn

C.M.P(MD)No.676 of 2021 in C.M.A(MD).SR.No.14937 of 2017

02.02.2021

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