Madras High Court
General Manager vs Kanthan on 19 February, 2021
C.M.P.(MD).No.9746 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.02.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.P(MD)No.9746 of 2018
in C.M.A(MD).SR.No.38853 of 2018
General Manager
National Insurance Co.,Ltd.,
Divisional Office
Jerome Building 1st Floor
Kottai Station Road
Tiruchirapalli District ... Petitioner/Appellant
Vs.
1.Kanthan
2.Pottiammal
3.Sudhakar ....Respondents/Respondents
Prayer in C.M.P(MD).No.9746 of 2018 : This petition is filed under
Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of
428 days in filing the above appeal.
Prayer in C.M.A(MD).SR.No.38853 of 2018: This Civil Miscellaneous
Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set
aside the Judgment and Decree passed by the Motor Accident Claims
Tribunal Cum Special District Judge (MCOP) Tiruchirappalli, made in
M.C.O.P.No.4883 of 2013, dated 15.02.2017 and allow this appeal with
costs.
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1/5
C.M.P.(MD).No.9746 of 2018
For Petitioner : Mr.R.Rajamani
For R1 : Mr.N.Sudhagar Nagaraj
ORDER
This Civil Miscellaneous Petition has been filed to condone the
delay of 428 days in filing the above appeal.
2.As regards the delay, the learned counsel for the petitioner would
state that after receiving the order copy, it was served to the Divisional
Officer, Tiruchirappalli. The lower court advocate has given opinion to
prefer an appeal against the order passed by the Tribunal. Hence, the file
was forwarded to our Regional Office at Madurai and thereafter, the file
was sent to High Court Panel Advocate to get second opinion for
preferring appeal. After that, the file was placed before the appeal
committee for approval and it was approved for preparing appeal. Due to
the above reason, there was a delay of 428 days in filing the appeal. 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.
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C.M.P.(MD).No.9746 of 2018
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 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
due to administrative reason 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 428 days in filing the appeal.
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C.M.P.(MD).No.9746 of 2018
5.Accordingly, CMP(MD)No.9746 of 2018 is dismissed. No
costs. Consequently, CMA(MD)SR.No.38853 of 2018 is rejected.
19.02.2021
Index : Yes/No
Internet : Yes/No
msa
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. The Motor Accident Claims Tribunal
Cum Special District Judge (MCOP) Tiruchirappalli,
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.P.(MD).No.9746 of 2018
J.NISHA BANU,J
msa
C.M.P(MD)No.9746 of 2018
in C.M.A(MD).SR.No.38853 of 2018
19.02.2021
http://www.judis.nic.in
