The Tamil Nadu State Transport ... vs Irulandi
2021 Latest Caselaw 2858 Mad

                                                                           C.M.P.(MD).No.6831 of 2020


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 08.02.2021

                                                     CORAM

                                THE HONOURABLE MRS.JUSTICE J.NISHA BANU
                                         C.M.P(MD)No.6831 of 2020
                                       in C.M.A(MD).SR.No.50487 of 2020


                      The Tamil Nadu State Transport Corporation,
                      Through its
                      The Managing Director,
                      Tirunelveli,
                      Madurai Division.
                                                                ... Petitioner/Appellant
                                                      Vs.

                      1. Irulandi

                      2. Raja                                   ....Respondents/Respondents

                      Prayer in C.M.P(MD).No.6831 of 2020: This petition is filed under
                      Section 173(1) of Motor Vehicle Act, to condone the delay of 1665 days
                      in filing the above Civil Miscellaneous Appeal against the order dated
                      28.04.2018 passed in M.C.O.P.No.89 of 2012 on the file of the Motor
                      Accident Claims Tribunal (Subordinate Court), Sankarankovil.


                      Prayer in C.M.A(MD).SR.No.50487 of 2020: This Civil Miscellaneous
                      Appeal is filed under Section 173 of the Motor Vehicles Act, 1988,
                      pleased to allow this appeal, set aside the award and decree made in
                      MCOP.No.89 of 2012 dated 01.04.2015 on the file of the Motor
                      Accident Claims Tribunal/Subordinate Court, Sankarankovil.
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                                                                            C.M.P.(MD).No.6831 of 2020




                                  For Petitioner     : Mr.P.Prabhakaran
                                  For Respondents : Mr.R.J.Karthick


                                                      ORDER

This Civil Miscellaneous Petition has been filed to condone the

delay of 1665 days in preferring the above appeal.

2. Learned counsel for the petitioner would submit that the

Tribunal passed the award on 01.04.2015 and after receiving a certified

copy of the order from the lower Court on 26.05.2015, the petitioner

obtained legal opinion from the Transport counsel on the first week of

June 2015. Thereafter, the case bundle was mingled with other case

bundles and also due to pandemic of corona, there occurred a delay of

1665 days in filing the above appeal. Hence, the delay is neither wilful

nor wanton and would pray to condone the delay of 1665 days in filing

the above appeal.

3. Heard the learned counsel for the petitioner as well as the

respondents and also perused the materials available on record.

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C.M.P.(MD).No.6831 of 2020

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 legal opinion from the Transport counsel and

thereafter, the case bundle was mingled with other bundles and hence,

the petitioner could not able to file the appeal in time. It is also stated

that due to situation created on account of Corona pandemic, the appeal

papers were handed over to the present learned counsel on the record

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C.M.P.(MD).No.6831 of 2020

only during the fourth week of November 2020. 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 such a huge delay of 1665 days in filing the appeal.

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

passed in CMP(MD)No.6831 of 2020, the connected C.M.A.

(MD)SR.No.50487 of 2020 is rejected at the SR stage itself. No costs.

08.02.2021 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.

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C.M.P.(MD).No.6831 of 2020

To

1. Motor Accident Claims Tribunal/Subordinate Court, Sankarankovil.

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C.M.P.(MD).No.6831 of 2020

J.NISHA BANU,J

pkn

C.M.P(MD)No.6831 of 2020 in C.M.A(MD).SR.No.50487 of 2020

08.02.2021

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