The Tamil Nadu State Transport ... vs R.Vasantha
2021 Latest Caselaw 2966 Mad

                                                                           C.M.P.(MD).No.1785 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.1785 of 2020
                                       in C.M.A(MD).SR.No.78001 of 2019


                      The Tamil Nadu State Transport Corporation,
                      Through its
                      The Managing Director,
                      Bye pass Road, Palanganatham,
                      Madurai.
                                                                ... Petitioner/Appellant
                                                      Vs.

                      1. R.Vasantha

                      2. Minor SanthoshR.Subalakshmi

                      3. Minor R.Banupriya

                      4. Minor R.Rachsana
                      (Minor respondents 2,3,4
                      rep. through natural guardian and
                      mother of the 1st respondent)

                      5. P.Rajaram                              ....Respondents/Respondents

                      Prayer in C.M.P(MD).No.1785 of 2020: This petition is filed under
                      Section 173(1) of Motor Vehicle Act, to condone the delay of 417 days
                      in filing the above Civil Miscellaneous Appeal against the order dated
                      28.04.2018 passed in M.C.O.P.No.34 of 2013 on the file of the Motor
                      Accident Claims Tribunal (Special District Judge), Madurai.
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                                                                            C.M.P.(MD).No.1785 of 2020




                      Prayer in C.M.A(MD).SR.No.78001 of 2019: This Civil Miscellaneous
                      Appeal is filed under Section 173 of the Motor Vehicles Act, 1988,
                      against the Judgment and Decree dated 28.04.2018 passed in MCOP.No.
                      34 of 2013 on the file of the Motor Accident Claims Tribunal/Special
                      Subordinate Court, Madurai.


                                  For Petitioner      : Mr.K.Sudalaiyandi


                                                      ORDER

This Civil Miscellaneous Petition has been filed to condone the

delay of 417 days in preferring the above appeal.

2. Learned counsel for the petitioner would submit that after

receiving a certified copy of the order from the lower Court on

18.09.2018, the papers were placed before the approval committee for

getting opinion as to whether an appeal has to be preferred against the

order or not and would also submit that the delay occurred due to the

heavy administrative work. Hence, the delay is neither wilful nor wanton

and would pray to condone the delay of 417 days in preferring the above

appeal.

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C.M.P.(MD).No.1785 of 2020

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.

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

occurred for want of sanction from the petitioner's approval committee

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C.M.P.(MD).No.1785 of 2020

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 417 days in filing the appeal.

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

passed in CMP(MD)No.1785 of 2020, the connected C.M.A.

(MD)SR.No.78001 of 2019 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.1785 of 2020

To

1. Motor Accident Claims Tribunal/Special Subordinate Court, Madurai.

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C.M.P.(MD).No.1785 of 2020

J.NISHA BANU,J

pkn

C.M.P(MD)No.1785 of 2020 in C.M.A(MD).SR.No.78001 of 2019

08.02.2021

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