Madras High Court
Selvam vs Managing Director on 29 March, 2022
C.M.P.Nos.11559 and 11563 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2022
CORAM
THE HON'BLE Ms.JUSTICE P.T.ASHA
C.M.P.Nos.11559 and 11563 of 2021
in
C.M.A.SR.No.2736 and 2735 of 2020
Selvam ... Petitioner in
C.M.P.No.11559 of 2021
and
st
... 1 Petitioner in
C.M.P.No.11563 of 2021
Kalaivani ... 2nd Petitioner in
C.M.P.No.11563 of 2021
..Vs..
1.Managing Director,
Karnataka State Road Transport Corporation Limited,
Bangalore.
(Since R1 remained exparte before the Tribunal
his presence may be dispensed with)
2.Managing Director,
Tamil Nadu State Road Transport Corporation Limited,
Dharmapuri. ... Respondents
PRAYER in C.M.P.Nos.11559 and 11563 of 2021: The Civil
Miscellaneous Petitions are filed under Section 173(1) of the Motor
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C.M.P.Nos.11559 and 11563 of 2021
Vehicles Act, 1988 seeking to condone the delay of 2067 days in filing
the Appeal against the Judgment and Decree dated 07.02.2014 made in
M.A.C.T.O.P.Nos.317 and 316 of 2011 respectively, on the file of the
Motor Accident Claims Tribunal and Chief Judicial Magistrate,
Tiruvannamalai.
PRAYER in C.M.A.SR.Nos.2736 and 2735 of 2020: The Civil
Miscellaneous Petitions are filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and Decree dated 07.02.2014
made in M.A.C.T.O.P.Nos.317 and 316 of 2011 respectively, on the file
of the Motor Accident Claims Tribunal and Chief Judicial Magistrate,
Tiruvannamalai.
For Petitioner : Mrs.A.Subadra
COMMON ORDER
The above petitions have been filed to condone the delay of 2067
days in filing the Appeal against the Judgment and Decree dated
07.02.2014 made in M.A.C.T.O.P.Nos.317 and 316 of 2011 respectively,
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C.M.P.Nos.11559 and 11563 of 2021
on the file of the Motor Accident Claims Tribunal and Chief Judicial
Magistrate, Tiruvannamalai.
2. The 1st petitioner in C.M.P.No.11563 of 2021 is also the sole
petitioner in C.M.P.No.11559 of 2021. In order to appreciate the case on
hand, it is necessary to touch upon the facts which has culminated in
filing of these unnumbered appeals.
3. M.C.O.P.No.316 of 2011 has been filed by the claimants Selvam
and Kalaivani, the parents of the deceased Sowmya, claiming
compensation of a sum of Rs.30,00,000/- for the death of their daughter
due to a road traffic accident that had occurred on 30.10.2010.
4. The case of the claimants is that on the ill-fated day, the said
Sowmya who was under a Bachelor of Engineering at the
S.K.P.Engineering College, Tiruvannamalai had gone to get her hall
ticket for her examination, she had travelled in the bus belonging to the
2nd respondent. While they were proceeding on the Chengam –
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C.M.P.Nos.11559 and 11563 of 2021
Tiruvannamalai Road, as they neared the junction of Eraiyur, the Bus
belonging to the 1st respondent driven by its driver in a rash and
negligent manner dashed against the bus, in which, Selvam and his
daughter Sowmya were travelling. By reason of this collision, three
persons died on the spot and others sustained sever injuries. The said
Sowmya sustained injuries and she was rushed to C.M.C.Hospital.
However, she had died on the way. The parents of the deceased Sowmya
had sought compensation of a sum of Rs.30,00,000/- for her death.
5. Mr.Selvam had also filed a separate petition in M.C.O.P.No.317
of 2011 seeking compensation for the injuries he had sustained in the
said accident.
6. The claimants in M.C.O.P.No.316 of 2011 was awarded a sum
of Rs.11,20,000/- and the claimant in M.C.O.P.No.317 of 2011 was
awarded a sum of Rs.1,46,000/-. The claimants have come forward with
the above appeals with a delay of 2076 days. In the affidavit filed in
support of the petition to condone the delay of 2076 days, they would
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C.M.P.Nos.11559 and 11563 of 2021
submit that the order was pronounced on 07.02.2014 and since the
respondent/Transport Corporation had not complied with the order, they
had filed execution petition and only thereafter the amounts were
deposited. They had used the certified copy of the order initially procured
for filing the execution petition. Thereafter, they had applied afresh for a
copy of the order on 24.04.2019. The copy of the order was made ready
on 26.04.2019. The petitioner contended that since he has sustained
multiple injuries and the deceased daughter is the only bread winner they
had been put to great hardship and did not have wherewithal to pay Court
fee. The claimants had thereafter received some amounts and therefore,
these appeals has been filed with a delay.
7. A reading of the affidavit clearly indicates that despite receiving
a certified copy, the petitioner has not come forward to file the appeals.
On the contrary that they have utilised the certified copy for filing the
Execution Petition.
8. The respondent has filed a counter inter-alia contending that the
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C.M.P.Nos.11559 and 11563 of 2021
petitioner has not made out a just and sufficient cause for condoning the
delay. The respondents have also contended that the reasons given for
the delay is a concocted one. The affidavit is totally bereft of any
reasons for the delay from the year 2014 to 2019. Further, the Transport
Corporation had preferred an appeal with a delay and notice has been
ordered to the respondents as early as in the year 2014 but, the petitioner
refused to enter appearance in the appeal. The appeal preferred by the
1st respondent/Transport Corporation was dismissed and the award was
confirmed. The execution proceedings has been filed in the year 2017 all
these according to the respondent/Corporation would go to show that the
claimants were satisfied with the compensation awarded to them and
therefore they had not taken steps to file the appeal. The appeal by the
Transport Corporation was dismissed as early as on 2014. The execution
proceedings has been initiated in the year 2017. In the execution
proceedings, the claimants have mentioned the dismissal of the appeals
by this Court. The execution proceedings has been ordered in the year
2018 itself and the Bus belonging to the respondent/Corporation had
been attached, which was subsequently released. During all these events
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C.M.P.Nos.11559 and 11563 of 2021
the claimants had chosen to file the appeal.
9. Heard the learned counsel for the petitioners/claimants.
10. Admittedly, the award had been passed in February 2014, the
claimants ought to have filed the appeal on or before June 2014. The
respondent/ Transport Corporation have filed an appeal in October 2014
in which notice has been issued to the claimants which they had received
on 10.10.2014 and 11.10.2014. They have however chosen not to appear
before the Court to contest the appeal or file a cross-objection. The
appeal was preferred and ultimately dismissed by judgment dated
04.12.2014. Thereafter, in the year 2017, execution proceedings have
been filed by the claimants. Even at this stage, the claimants have not
come forward to file an appeal which only shows that they had no
intention to file an appeal. The execution proceedings were ordered in
the year 2018 itself and two years thereafter, the above petitions are filed.
There is no compelling or sufficient reasons given in the affidavit filed in
support of the petition for condoning the delay of 2067 days, no doubt,
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C.M.P.Nos.11559 and 11563 of 2021
the Motor Vehicles Act is a beneficial legislation, however, it cannot be
misused and the procedure cannot be thrown to the winds at the whims
and fancies of the litigants. The claimants have not satisfactorily
explained the delay.
11. In the result, the Civil Miscellaneous Petitions are dismissed.
No costs. Consequently, the Civil Miscellaneous Appeals are rejected at
S.R.stage itself.
29.03.2022
Index : Yes / No.
Speaking Order : Yes / No
ssn
To
1. The Motor Accident Claims Tribunal
and Chief Judicial Magistrate,
Tiruvannamalai.
2. The Section Officer,
V.R.Section, Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.P.Nos.11559 and 11563 of 2021
P.T.ASHA, J.,
ssn
C.M.P.Nos.11559 and 11563 of 2021
in
C.M.A.SR.No.2736 and 2735 of 2020
29.03.2022
https://www.mhc.tn.gov.in/judis
