Madras High Court
R. Rajendiran vs D. Kamala on 7 October, 2021
CMP No. 16269 of 2021 in CMA. Sr. 84728 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMP No. 16269 of 2021
in
CMA Sr. 84728 of 2021
1. R. Rajendiran
2. R. Pushpalatha
3. Minor. R. Elakkiya
Rep by 1st Appellant
Next friend guardian Father ... Petitioners
Vs.
1. D. Kamala
2. Bajaj Alliance General Insurance
Company Limited,
No.6A, Peoples Park,
3rd Floor, Government Arts College Road,
Coimbatore. ...Respondents
Prayer in CMP No. 16269 of 2021: Civil Miscellaneous Petition
filed under Section 173 (1) of Motor Vehicles Act, 1988 to condone the
delay of 2129 days in filing the Civil Miscellaneous Appeal CMA.
SR84728 against the order in M.C.O.P. No. 2036 of 2011 dated
12.02.2014 on the file of the Motor Accidents Claims Tribunal, Special
District Judge, Salem.
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CMP No. 16269 of 2021 in CMA. Sr. 84728 of 2021
Prayer in CMA SR84728 of 2021: Civil Miscellaneous Appeal filed
under Section 173 of the Motor Vehicles Act, 1988 challenging the
Judgment and Decree dated 12.02.2014 made in M.C.O.P No. 2036 of
2011 on the file of the Motor Accidents Claims Tribunal, Special District
Judge, Salem.
For Appellant : Mr. S.P. Yuaraj
ORDER
This civil miscellaneous petition has been filed to condone the
delay of 2129 days in filing the appeal CMA SR84728 of 2021 as against
the award dated 12.02.2014 passed by the Motor Accident Claims
Tribunal, Special District Judge, Salem in M.C.O.P. No.2036 of 2011.
2. In the affidavit filed in support of this petition, the following
reasons have been given by the petitioners / appellants for the enormous
delay of 2129 days:
(a) the petitioners / appellants were informed about the
Arbitral Award dated 12.02.2014 by their Advocate who informed them
that he will be filing an appeal seeking for enhancement of
compensation.
https://www.mhc.tn.gov.in/judis/
CMP No. 16269 of 2021 in CMA. Sr. 84728 of 2021
(b) the first petitioner/ first appellant could not contact her
Advocate because of her incapable situation and also due to the demise
of her daughter in the tragic accident.
(c ) The first petitioner/ first appellant was affected by viral
fever and after recovery from the illness, she could not walk and stand
for a long time and also unable to work to earn her livelihood.
(d) The first petitioner/ first appellant tried to contact her
Advocate during the time of Covid 19 Lockdown, but she was unable to
do so.
(e) The petitioners / appellants do not have sufficient means
to run their family and spend for the medical treatment of the first
petitioner/ first appellant.
3. As seen from the aforementioned reasons, no specific dates have
been given by the petitioners/ appellants for this inordinate delay of 2129
days in filing the Appeal. Excepting for making bald statements which
are not supported by specific dates and documentary evidence in the
form of medical reports, etc,. the reasons given for such an inordinate
delay are unsatisfactory. 2129 days delay amounts to almost more than
https://www.mhc.tn.gov.in/judis/
CMP No. 16269 of 2021 in CMA. Sr. 84728 of 2021
six years. Unless and until sufficient reasons are given for such an
inordinate delay, this Court cannot condone such a delay.
4. This Court does not find any merit in this petition and
accordingly, this petition is dismissed. No Costs. Consequently,
CMA.SR84728 of 2021 itself is rejected.
07.10.2021
ab/nl
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
https://www.mhc.tn.gov.in/judis/
CMP No. 16269 of 2021 in CMA. Sr. 84728 of 2021
To
1. The Motor Accident Claims Tribunal,
Special District Judge,
Salem.
2. The Section Officer,
V.R. Section,
High Court, Madras.
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis/
CMP No. 16269 of 2021 in CMA. Sr. 84728 of 2021
ab
CMP No. 16269 of 2021
in
CMA. Sr. 84728 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
