Madras High Court
The Manager vs K.Murugan on 19 February, 2021
CMP.(MD)No.1325 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
CMP.(MD)No.1325 of 2021
in CMA.(MD)SR.No.8228 of 2018
The Manager,
Sri Ram General Insurance Company Limited,
66, City Centre, 2nd Floor,
Near Vaani Mahal,
Thirumalai Pillai Road,
T.Nagar, Chennai-17. ... Petitioner
vs.
1.K.Murugan
2.Karupputhai
3.P.Kavitha
4.Minor P.Yogesh Pandian
5.Minor P.Karthikeyan
6.R.Saravanan
7.S.Rajesh Kannan ... Respondents
Prayer in CMP(MD)No.1325 of 2021: Petition filed under Order IV Rule 9
(4) of A.S.Rules, to condone the delay of 745 days in representing the
above C.M.A.(MD)SR.No.8228 of 2018.
Prayer in CMA(MD)SR.No.8228 of 2018 : Appeal filed under Section 30(i)
of the Workmen's Compensation Act, 1923, to set aside the award passed
by the learned Workmen's Compensation Commissioner-cum-Deputy
Commissioner of Labour, Dindigul in W.C.No.93 of 2014, dated
29.11.2017.
For Petitioner : Mr.D.Sivaraman
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1/4
CMP.(MD)No.1325 of 2021
ORDER
The present petition has been filed to condone the delay of 745 days
in representing the appeal.
2.As regards the delay, the learned counsel for the petitioner would
state that appeal was originally filed on 26.02.2018 and the same was
returned by the Registry for compliance of certain defects on 28.02.2018.
The above defects have been complied with and due to the delay caused in
getting sanction from the Finance Committee to deposit the award amount
and due to some administrative reasons, there was a delay in getting
necessary documents such as deposit receipt, the papers could not be re-
presented in time. Therefore, there was a delay of 745 days in re-presenting
the above appeal and the above delay occurred which is neither wilful nor
wanton and the petitioner/Insurance Company has good grounds on merits.
Thus, he would pray to condone the delay.
3.In State of Bihar vs. Deo Kumar Singh (SLP(Civil)No.
13348/2019 dated 09.05.2019, 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
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CMP.(MD)No.1325 of 2021
case, has held that a clear signal has to sent to the Government Authorities
that they cannot approach the Court as and 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.
4.In the present case also, the delay is stated to have been occurred in
allotment of fund 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 745 days in filing the appeal.
5.Accordingly, CMP(MD)No.1325 of 2021 is dismissed.
Consequently, CMA(MD)SR.No.8228 of 2018 is rejected.
19.02.2021
Index : Yes/No
Internet : Yes/No
gns
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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CMP.(MD)No.1325 of 2021
.NISHA BANU, J.
gns
To
The Workmen's Compensation Commissioner
cum-Deputy Commissioner of Labour, Dindigul
CMP.(MD)No.1325 of 2021
in CMA.(MD)No.8228 of 2018
19.02.2021
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