Madras High Court
The Oriental Insurance Company ... vs Chitra on 5 February, 2021
C.M.P.(MD).No.5346 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.02.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.P(MD)No.5346 of 2020
in C.M.A(MD).SR.No.17843 of 2020
The Oriental Insurance Company Limited,
through its Branch Manager,
1st floor, Sathiyamoorthy Illam,
Chekkalai Road,
No.211, Karaikudi Nagar,
Sivagangai District.
... Petitioner/Appellant
Vs.
1. Chitra
2. Subbiah
The minor respondent No.2
represented through her mother and
next friend S.Chitra
3. Minor Umamaheswari
4. Minor Ganesh
The minor respondents 3 and 4
represented through her mother and
next friend S.Chitra
5. Ravichandran
(Respondent Nol5 given up) ....Respondents/Respondents
http://www.judis.nic.in
1/6
C.M.P.(MD).No.5346 of 2020
Prayer in C.M.P(MD).No.5346 of 2020: This petition is filed under
Section 173(1) of Motor Vehicle Act, to condone the delay of 585 days
in preferring the above Civil Miscellaneous Appeal against the order
dated 16.04.2018 made by the Motor Accident Claims Tribunal cum
Subordinate Court, Devakottai in M.C.O.P.No.120 of 2013.
Prayer in C.M.A(MD).SR.No.17843 of 2020: This Civil Miscellaneous
Appeal is filed under Section 173 of the Motor Vehicles Act, 1988,
against the Judgment and Decree dated 16.04.2018 made in MCOP.No.
120 of 2013 on the file of the Motor Accident Claims
Tribunal/Subordinate Court, Devakottai.
For Petitioner : Mr.C.Jawahar Ravindran
ORDER
This Civil Miscellaneous Petition has been filed to condone the
delay of 585 days in preferring the above appeal.
2. Learned counsel for the petitioner would submit that after
receiving a copy of the order, it was forwarded to the lower Court
advocate as well as the High Court panel advocate for getting opinion as
to whether an appeal has to be preferred against the order or not. It is
further submitted that there was a sudden administration difficulty in
http://www.judis.nic.in
C.M.P.(MD).No.5346 of 2020
processing and handing over the case bundle to the panel advocates.
Hence, the delay is neither wilful nor wanton and would pray to condone
the delay of 585 days in preferring the above appeal.
3. Heard the learned counsel for the petitioner and also perused the
materials available on record.
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.
http://www.judis.nic.in
C.M.P.(MD).No.5346 of 2020
5. In the present case also, the delay is stated to have been
occurred for want of sanction from their appeal committee and also due
to some administrative reasons for filing the appeal. In view of the above
judgment of the Apex Court, such kind of reasons cannot be termed as
sufficient reasons to condone the delay. Therefore, this Court is not
inclined to condone the delay of 585 days in filing the appeal.
6. Accordingly, this petition is dismissed. In view of the order
passed in CMP(MD)No.5346 of 2020, the connected C.M.A.
(MD)SR.No.17843 of 2020 is rejected at the SR stage itself. No costs.
05.02.2021
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.
http://www.judis.nic.in
C.M.P.(MD).No.5346 of 2020
To
1. Motor Accident Claims Tribunal cum Subordinate Court,
Devakottai .
http://www.judis.nic.in
C.M.P.(MD).No.5346 of 2020
J.NISHA BANU,J
pkn
C.M.P(MD)No.5346 of 2020
in C.M.A(MD).SR.No.17843 of 2020
05.02.2021
http://www.judis.nic.in
