Madras High Court
Chinnaponnu vs The Managing Director on 22 December, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
CMP.No.17265 of 2023
in CMA.SR.No.91460 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 17.10.2023
Pronounced on : 22.12.2023
CORAM : JUSTICE N.SESHASAYEE
CMP.No.17265 of 2023
in CMA.SR.No.91460 of 2023
1.Chinnaponnu
2.Govindharaji
3.Sangeetha
4.Srinivasan
5.Nagaraji ... Petitioners
Vs
The Managing Director
Tamil Nadu State Transport
Corporation Limited
Arcot, Vellore District. ... Respondent / Respondent
PRAYER : Civil Miscellaneous Petition filed under Section 173(1) of the
Motor Vehicles Act, praying to condone the delay of 1427 days in filing the
CMA against the judgment and decree dated 26.04.2019 made in
MCOP.No.17 of 2017 on the file of the Motor Accident Claims Tribunal, (II
Additional District Judge), (FAC), Ranipet, Vellore District.
1/5
https://www.mhc.tn.gov.in/judis
CMP.No.17265 of 2023
in CMA.SR.No.91460 of 2023
For Petitioners : Mr.C.Prabakaran
For Respondent : Mr.C.R.Suresh Kumar
ORDER
The claimants have filed this petition seeking to condone the delay of 1427
days in filing the appeal, which is directed against the judgment of the
Tribunal in MCOP.No.17 of 2017 on the file of Motor Accident Claims
Tribunal ( Additional District Judge), (FAC), Ranipet, Vellore District.
2. The case of the petitioners/claimants is that a certain Thangaraj, the son
of the first petitioner died in an accident on 15.08.2016, and a claim petition
was preferred before the Tribunal seeking a compensation for
Rs.30,00,000/-. The Tribunal vide its judgment dated 26.04.2019, has
awarded a sum of Rs.12,00,700/-, and directed the Transport Corporation to
deposit the same. However, till the filing of the execution petition in
E.P.No.33 of 2022, the Corporation has not deposited the award amount,
and only on 30.03.2023, the award amount was deposited with interest, and
a substantial portion of the amount was withdrawn by the petitioners
sometime in April 2023.
https://www.mhc.tn.gov.in/judis
3.The claimants are now before this Court in an appeal seeking
enhancement of compensation, as the award of the Tribunal is low. Further,
they contend that the Tribunal fixing 25% contributory negligence on the
deceased victim (rider of the two wheeler) is unsustainable in law and the
entire negligence has to be fastened on the driver of the bus.
4. The grounds alleged by the petitioner for the delay that has occasioned in
filing the appeal is, owing to the COVID pandemic situation, they could not
contact their counsel, and only during last week of December 2021, they
met their counsel, and thereafter filed the execution petition. They also
contend that they could not mobilize the funds to file an appeal in time,
since the deceased is the only breadwinner of his family, which consists of
five members, and his loss has put the whole family in dark. Hence, prays
that the delay may be condoned.
5. The Transport Corporation has filed its counter alleging that the delay is
very huge, and the cause for the delay alleged in the affidavit that the
petitioners could not mobilise the funds in time, is incorrect.
https://www.mhc.tn.gov.in/judis
6. Heard both sides. Even though award was passed as early as 26.04.2019,
no compensation amount was deposited before 30.03.2023. Every litigation
has its expenditure angle, and the claimants are not wealthy, it would be
difficult to mobilise the amounts necessary for filing appeal. And, it should
not be forgotten that COVID days consumed substantial part of 2020 and
2021. This Court is satisfied with the reasons stated in the affidavit filed in
support of this petition, the delay is condoned, and this petition stands
allowed. In the eventuality of the petitioners succeeding in the appeal, the
proposed interest shall be reckoned only from the date on which the appeal
is taken on record by the Registry.
22.12.2023
Index : Yes / No
Speaking order / Non-speaking order
ds
https://www.mhc.tn.gov.in/judis
N.SESHASAYEE.J.,
ds
22.12.2023
https://www.mhc.tn.gov.in/judis
