Madras High Court
State Express Transport ... vs )Anusha on 25 January, 2021
CMA(MD)SR.No.46273 of 2020 and
CMP(MD)No.6507 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
CMA(MD)SR.No.46273 of 2020
and
CMP(MD)No.6507 of 2020
State Express Transport Corporation Limited (T.N.S.E.T.C),
Rep by its Branch Manager,
having office at
Marthandam Branch,
Marthandam Post,
Nalloor Village,
Vilavancode Taluk,
Kanyakumari District. ... Petitioner
vs.
1)Anusha
2)Minor Jina
(2nd respondent represented through her mother 1st respondent)
3)Gabariel
4)Alphonse Mary
5)Jebasingh
6)Ravichandran
7)B.L. Transport Private Limited,
Office No.61/69,
Aathipedu Village,
Ponneri Taluk,
Thiruvalluvar District,
Pin Number – 601 204.
8)United India Insurance Company Limited,
Rep. by its Branch Manager,
Monday Market,
Neyyur Post,
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1/5
CMA(MD)SR.No.46273 of 2020 and
CMP(MD)No.6507 of 2020
Iraniyal Village,
Kalkulam Taluk,
Kanyakumari District. ... Respondents
Prayer in CMP(MD)No.6507 of 2020 : Petition filed under Section
5 of the Limitation Act, to condone the delay of 571 days in filing the
appeal.
Prayer in CMA(MD)SR.No.46273 of 2020 : Appeal filed under
Section 173 of the Motor Vehicles Act 1988, to set aside the impugned
award passed in MCOP.No.47 of 2016 on the file of MACT (Sub Court),
Padmanabapuram, dated 14.11.2018.
For Petitioner : Mr.P.M.Vishnuvarthanan
For R1 to R5 : No appearance
For R8 : Mr.A.Shajahan
ORDER
The present petition has been filed to condone the delay of 571
days in filing the appeal.
2.As regards the delay, the learned counsel for the petitioner would
state that the award was passed on 14.11.2018 and the petitioner filed
copy application on 20.11.2018 and the same was made ready and
delivered to the petitioner on 04.02.2019, but due to administrative
reason, the fund was not allotted in time and therefore, the above delay
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CMA(MD)SR.No.46273 of 2020 and
CMP(MD)No.6507 of 2020
occurred which is neither wilful nor wanton and the petitioner
corporation 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 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
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CMA(MD)SR.No.46273 of 2020 and
CMP(MD)No.6507 of 2020
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 571 days in filing the appeal.
5.Accordingly, CMP(MD)No.6507 of 2020 is dismissed.
Consequently, CMA(MD)SR.No.46273 of 2020 is rejected.
25.01.2021
Index : Yes/No
Internet : Yes/No
bala
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
The Sub Judge,
Motor Accidents Claims Tribunal,
Padmanabapuram.
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CMA(MD)SR.No.46273 of 2020 and
CMP(MD)No.6507 of 2020
J.NISHA BANU, J.
bala
ORDER MADE IN
CMA(MD)SR.No.46273 of 2020
and CMP(MD)No.6507 of 2020
DATED : 25.01.2021
http://www.judis.nic.in
