Madras High Court
The Branch Manager vs Gokilavasan on 16 June, 2023
C.M.P. (MD)No.6890 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.P.(MD)No.6890 of 2023
and
C.M.A.(MD) No.SR25586 of 2023
The Branch Manager,
The New India Assurance Company Ltd.,
No.66, W.B.Road, Trichy. ...Appellant/2nd Respondent
Vs.
1.Gokilavasan
2.Minor Selvi Gokila
3.Minor Selvi Samyuktha
[Minor 2 and 3 are represented by their brother and next
friend 1st respondent]
4.G.Manimegalai
5.Selvarani
6.M/s.C.Channamallappa & Co.,
BPC Dealer, Main Road,
Kollegal Town, Chamarajnagar Taluk.
7.The Branch Manager,
The Oriental Insurance Company Ltd.,
D.O.1, C-31, The Jas Complex,
Sayyaji Road, Mysore-570 001. ...Respondents
PRAYER in C.M.P.(MD)No.6890 of 2023: This Civil Miscellaneous Petition is
filed under Section 173(1) of the Motor Vehicles Act to condone the delay of 2001
days in filing the appeal.
1/6
https://www.mhc.tn.gov.in/judis
C.M.P. (MD)No.6890 of 2023
PRAYER in C.M.A.(MD)No.SR25586 of 2023: This Civil Miscellaneous Appeal
is filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the
judgment and decree dated 10.04.2017 passed in M.C.O.P.No.508 of 2015 on the
file of MACT/Special District Court, Tiruchirappalli.
For Petitioner : Mr. P.Malini
ORDER
This application has been filed to condone the delay of 2001 days in
filing the appeal against the decree and judgment made by the Tribunal in
M.C.O.P.No.508 of 2015, dated 10.04.2017.
2.The reasons assigned for such huge delay is that the accident had taken
place in the State of Karnataka. Hence, FIR and the statement recorded under
Section 161 Cr.P.C., were in Karanataka Police Station. The petitioner sought
translation of all the documents. But, the file got mixed with other files in the
Regional Office. After declaration of lock down owing to Covid-19, both
Regional and Divisional Offices functioned with minimum numbers of employees
as per the direction of the Government. Hence, the file could not be traced and left
the attention of the Officer, who was dealing with it and the said person got
transferred in due course. Thereafter, the petitioner came to know about the same,
https://www.mhc.tn.gov.in/judis
C.M.P. (MD)No.6890 of 2023
when the petitioner received summons in E.P.No.58 of 2022 in the month of
February, 2023. Hence, the delay had occurred in filing the appeal.
3.At the outset, on perusal of the entire affidavit, this Court is of the view
that the reasons assigned by the petitioner are contrary to the factual aspects. In
fact, the Insurance Company/petitioner herein had contested the matter before the
claim Tribunal at Trichy by filing counter affidavit stating that there is a
contributory negligence as per the final report. The counter affidavit was filed on
the basis of the final report filed under Section 279, 204(A) IPC r/w 185 of the
Motor Vehicles Act. Thereafter, the award was passed on 10.04.2017. When the
counter itself was filed on the basis of the final report and records, now it is
improbable for the Insurance Company to say that those copies have been sought
to be translated only after the award is passed.
4.The other reason stated by the petitioner is that since lock down is
declared, the file could not be traced in the Regional Office. The lock down was
declared only in the month of March, 2020. But the award has been passed in the
year 2017. The petitioner was sleeping for three years even after the award is
passed. Hence, the all the contentions are invented by the petitioner only for the
purpose of filing this application. If such huge delay is mechanically condoned, it
https://www.mhc.tn.gov.in/judis
C.M.P. (MD)No.6890 of 2023
will amount to give license to the Officials to continue their lethargic attitude in
pursuing the matter. What is applicable to the common man, is equally applicable
to the public undertakings. The insurance company, being the public limited
company and in the field of insurance, they ought to be vigilante in prosecuting
the matter before the Court of law. They cannot sit over the files for the years
together without any valid reason. When the Insurance Company has not taken
any diligent steps to challenge the appeal immediately and slept over the files for
more than five years, now it cannot invent false reasons to condone such a huge
delay.
5.For the reasons stated above, this Court does not find any merits in this
petition and accordingly, this Civil Miscellaneous Petition is dismissed.
Consequently, the Civil Miscellaneous Appeal is also rejected at the SR stage
itself. No costs.
16.06.2023
Index : Yes/No
Internet : Yes/No
ta
https://www.mhc.tn.gov.in/judis
C.M.P. (MD)No.6890 of 2023
To
1.The Motor Accident Claims Tribunal,
Special District Court, Tiruchirappalli.
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.P. (MD)No.6890 of 2023
N.SATHISH KUMAR, J.
ta
C.M.P.(MD)No.6890 of 2023
and
C.M.A.(MD) No.SR25586 of 2023
16.06.2023
https://www.mhc.tn.gov.in/judis
