Madras High Court
Unknown vs Parvathi on 6 September, 2022
C.M.P.No.12120 of 2022 in
C.M.A.Sr.No.119195 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2022
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.P.No.12120 of 2022
and
C.M.A.SR.No.119195 of 2018
The United India Insurance Company Ltd.,
Branch Office,
180A, Attur Road,
Rasipuram – 637 408,
(As per I.A.No.160 of 2004, dated 04.03.2004
impleaded as 2nd respondent) ...Petitioner
Vs.
1. Parvathi
2. Jeganathan
3. Sarasvathi
4. Chinnaiyan
5. Manokaran ...Respondents
***
Prayer in C.M.P. Miscellaneous Petitions filed under Section 173(1) of
Motor Vehicles Act to condone the delay of 4703 days in M.C.O.P.No.108 of
2005 on 31.08.2005 on the file of the Motor Accident Claims Tribunal (Fast
Track Judge Court) Kallakurichi pending disposal of the above Civil
Miscellaneous Appeal.
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C.M.P.No.12120 of 2022 in
C.M.A.Sr.No.119195 of 2018
Prayer in C.M.A: Appeal filed under Section 173 of the Motor Vehicles Act
1988 against the judgment and decree passed in M.C.O.P.No.108 of 2005 on
31.08.2005 on the file of the Motor Accident Claims Tribunal (Fast Track
Judge Court) at Kallakurichi, Villupuram District.
***
For Petitioners : Mr.J.Chandran
ORDER
The above appeal has been filed by the second respondent-Insurance
Company before the Tribunal, challenging the Award dated 31.08.2005
passed by the Motor Accident Claims Tribunal (Fast Track Court), in
M.C.O.P.No.108 of 2005.
2. The appeal has however been filed with a delay of over 4703
days. Challenge to the Award is on the ground that the first respondent before
the Tribunal remained absent and had not entered the witness box to adduce
the evidence. Further, it is also seen from the grounds of appeal that the
Insurance Company had earlier challenged the very same Award by filing
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C.M.P.No.12120 of 2022 in
C.M.A.Sr.No.119195 of 2018
C.R.P.No.3305 of 2017. This Civil Revision Petition was withdrawn on
20.04.2018 seeking liberty to file the Civil Miscellaneous appeal. The said
order has also been granted by this Court by its order dated 20.04.2018. The
petitioner would therefore contend that they have now filed this appeal.
3. A perusal of the grounds of appeal would clearly indicate that the
challenge to the Award is primarily on the ground that the first respondent
owner of the offending vehicle had remained ex-parte. There is no serious
challenge to the Award passed by the Tribunal. No reasons have also been
given for the delay of 4703 days in filing the appeal except for stating that the
delay was on account of the learned counsel who had appeared in the lower
Court, pendency of C.R.P and administrative reasons. The proceedings in the
lower Court had culminated with the Award being pronounced on 31.08.2005.
However, the revision has been filed in the year 2017 and ultimately, the same
was withdrawn in the year 2018. There is no explanation for the delay from
2005 to 2017.
4. In the light of the above and taking note of the fact that there is
no reason to contest the Award passed by the Tribunal, the Civil
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C.M.P.No.12120 of 2022 in
C.M.A.Sr.No.119195 of 2018
Miscellaneous Petition is dismissed. Consequently, the Civil Miscellaneous
Appeal is rejected at the S.R. stage itself. No costs.
06.09.2022
Index : Yes/No
srn
To
1.The Motor Accident Claims Tribunal
(Fast Track Judge Court) Kallakurichi
2.The Section Officer, V.R.Section,
High Court of Madras, Chennai.
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C.M.P.No.12120 of 2022 in
C.M.A.Sr.No.119195 of 2018
P.T.ASHA.J
srn
C.M.P.No.12120 of 2022 in
C.M.A.SR.No.119195 of 2018
06.09.2022
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