Natesapillai vs Nalini
2021 Latest Caselaw 4852 Mad

                                              CMP.No.13485 of 2020 and C.M.A.SR.No.79173 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 24.02.2021

                                                      CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                               C.M.P.No.13485 of 2020
                                                        and
                                             C.M.A.SR.No.79173 of 2020

                     1.Natesapillai

                     2.Sakunthala                                              .. Petitioners

                                                            Vs.


                     1.Nalini

                     2.Minor Sakthi Soundarajan
                     (2nd respondent minor rep. by his Guardian/
                     next friend/mother 1st respondent)

                     3.Venkatesh
                     (R3 remained exparte before the Tribunal and
                     hence, his presence is dispensed with)

                     4.The Branch Manager
                     United India Insurance Company Limited
                     No.65, Krishnan street
                     Tiruvannamalai.


                     1/5


https://www.mhc.tn.gov.in/judis/
                                              CMP.No.13485 of 2020 and C.M.A.SR.No.79173 of 2020

                     5.Sekar
                     (R5 remained exparte before the Tribunal and
                     hence, his presence is dispensed with)


                     6.The Branch Manager
                     The New India Assurance Company Limited
                     No.106, Big street, Tiruvannamalai.                       .. Respondents




                     PRAYER: C.M.P.No.13485 of 2020 is filed under Section 173 (1) of the
                     Motor Vehicles Act, 1988, to condone the delay of 1072 days in filing the
                     above appeal.



                               C.M.A.SR.No.79173 of 2020 is filed under Section 173 of the

                     Motor Vehicles Act, 1988, against the judgment and decree dated

                     03.11.2016 made in M.C.O.P.No.766 of 2013 on the file of the Motor

                     Accident Claims Tribunal, Special Motor Accident Claims Tribunal,

                     Tiruvannamalai.


                                          For Petitioners   : Mr.F.Terry Chellaraja
                                                            for Ms.M.Malar
                                          For R1 and R2     : Mr.K.Rajeshwaran

                                          For R4            : Mrs.R.Rathna Thara

                     2/5


https://www.mhc.tn.gov.in/judis/
                                                 CMP.No.13485 of 2020 and C.M.A.SR.No.79173 of 2020


                                            For R6              : No appearance

                                                         ORDER

C.M.P.No.13485 of 2020 is filed to condone the delay of 1072

days in filing the above appeal.

C.M.A.SR.No.79173 of 2020 is filed against the judgment and

decree dated 03.11.2016 made in M.C.O.P.No.766 of 2013 on the file of

the Motor Accident Claims Tribunal, Special Motor Accident Claims

Tribunal, Tiruvannamalai.

2.Heard through “Video-conferencing” the learned counsel

appearing for the petitioners as well as the learned counsel appearing for

the respondents 1, 2 and the learned counsel appearing for the 4th

respondent and perused the materials available on record.

3.According to the petitioners, after death of their son, they are in a

financial crisis and in view of the same, they could not file the appeal in

https://www.mhc.tn.gov.in/judis/ CMP.No.13485 of 2020 and C.M.A.SR.No.79173 of 2020

time. At the time of hearing, the learned counsel appearing for the

petitioners admitted that the award amount was deposited by the 4th

respondent/Insurance Company and the petitioners have withdrawn the

amount. In view of the same, the reason given by the petitioners to

condone the huge delay of 1072 days in filing the appeal is not valid and

sufficient. Hence, this Court is not inclined to condone the delay of 1072

days in filing the appeal. Accordingly, C.M.P.No.13485 of 2020 stands

dismissed and consequently, C.M.A.SR.No.79173 of 2020 is rejected. No

costs.

24.02.2021

kj

To

The Special Motor Accident Claims Tribunal (Motor Accident Claims Tribunal) Tiruvannamalai.

https://www.mhc.tn.gov.in/judis/ CMP.No.13485 of 2020 and C.M.A.SR.No.79173 of 2020

V.M.VELUMANI, J.

kj

C.M.P.No.13485 of 2020 and C.M.A.SR.No.79173 of 2020

24.02.2021

https://www.mhc.tn.gov.in/judis/