The Managing Director vs Mercy Benatta
2021 Latest Caselaw 11553 Mad

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 11.06.2021

                                                          CORAM

                                     THE HONOURABLE MR.JUSTICE T.RAJA
                                                  and
                                 THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                                 CMP.No.9063 of 2021
                                                         in
                                               CMA.SR.No.47733 of 2021

                      The Managing Director,
                      Karnataka State Transport
                      Corporation Ltd., Mysuru.                                         ... Petitioner

                                                           -vs-

                            1. Mercy Benatta
                            2. Gracy                                                  ... Respondents

                      Prayer:       Civil Miscellaneous Petition filed seeking to condone the

                      delay of 319 days in filing the above Appeal.



                                         For Petitioner       : Mr.T.Thiyagarajan

                                                     ORDER

(Order of the Court was pronounced by T.RAJA, J.)

This Civil Miscellaneous Petition has been filed seeking to

condone the delay of 319 days in filing the CMA.SR.No.47733 of 2021

against the decree and judgment passed in O.P.No.254/2019 by the

learned Motor Accidents Claims Tribunal (District Court No.II),

Kanchipuram.

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2. Heard the learned Counsel for the petitioner-appellant.

3. A perusal of the records reveals that there was a fatal

accident on 08.12.2002 near Thanam Kulam Kuttai at Damal Village

due to the rash and negligent and high speed driving of the driver of

the appellant Transport Corporation by hitting against the Maruthi

Omni Van in which the claimants along with their father, mother and

grandfather and other persons were travelling and due to the said

accident, the parents of the claimants, namely, respondents 1 and 2

herein, died on the spot and all others sustained grievous injuries.

Therefore, the claimants laid their claim before the Motor Accidents

Claims Tribunal, Kancheepuram in MCOP.No.254/2010 seeking

compensation of Rs.90,00,000/- with future interest at 18% p.a. After

the written statement was filed by the appellant Transport Corporation,

the matter was taken up by the learned Motor Accidents Claims

Tribunal, Kanchiuram which allowed the claim in its award dated

31.01.2019, thereby awarding a sum of Rs.43,82,300/- with interest

at 7.5% p.a. Aggrieved over the same, the appellant Transport

Corporation has filed the appeal with a delay of 319 days along with

the present Condone Delay Petition.

4. It also reveals that the accident took place on 08.12.2002

http://www.judis.nic.in and the claim was awarded only on 31.01.2019. Under such

circumstances, it is not known why the appellant has not diligently

approached this Court challenging the correctness of the award within

the stipulated period and the delay of 319 days in preferring the

appeal has also not been explained properly. Therefore, as there has

been huge and unexplained delay of 319 days in filing the appeal,

finding no sufficient justification or explanation to the huge delay, we

are not inclined to condone the said delay of 319 days.

5. In the result, the CMP.No.9063/2021 is dismissed and the

appeal is rejected.

                                                                (T.R.J.,)       (V.S.G.J.,)

                                                                      11.06.2021
                      tsi





http://www.judis.nic.in
                                         T.RAJA, J.
                                              and
                                  V.SIVAGNANAM, J.
                                                tsi




                               CMP.No.9063 of 2021
                                                  in
                            CMA.SR.No.47733 of 2021




                                          11.06.2021





http://www.judis.nic.in

http://www.judis.nic.in