The Branch Manager vs Subbiah
2023 Latest Caselaw 2012 Mad

                                                                              C.M.P. (MD)No.2763 of 2023




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 07.03.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                             C.M.P.(MD)No.2763 of 2023
                                                       and
                                            C.M.A.(MD) No.SR934 of 2018


                The Branch Manager,
                Reliance General Insurance Company Ltd.,
                Madurai.                                         ...Petitioner/Appellant


                                                      Vs.

                1.Subbiah
                2.Ualagu
                3.Shumnuga Anandh
                4.Kannan                                         ...Respondents/Respondents

                PRAYER in C.M.P.(MD)No.2763 of 2023: This Civil Miscellaneous Petition is
                filed under Section 149 of the Civil Procedure Code to condone the delay of 1826
                days in paying deficit Court fees of Rs.18743/- in the above said C.A.S.R.No.934
                of 2018 before this Court as against the award passed in M.C.O.P.No.86 o f2012
                on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Devakottai.




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https://www.mhc.tn.gov.in/judis
                                                                                    C.M.P. (MD)No.2763 of 2023




                PRAYER in C.M.A.(MD)No.SR934 of 2018: This Civil Miscellaneous Appeal is
                filed under Section 175 of the Motor Vehicles Act, 1988 to set aside the judgment
                and decree dated 25.07.2017 passed in M.C.O.P.No.86 of 2012 on the file of the
                Motor Accident Claims Tribunal, Subordinate Judge, Devakottai and allow the
                present Civil Miscellaneous Appeal.


                                          For Petitioner    : Mr. K.Gokul


                                                           ORDER

This application has been filed to condone the delay of 1826 days in

paying the deficit court fee of Rs.18,743/- in the appeal in C.M.A.(MD) No.SR.

934 of 2018.

2.The reasons assigned for such huge delay is that after pronouncing of the

judgment by the Tribunal, the appellant insurance company sought sanction from

its head office for getting their approval for preparing an appeal and for the

sanction of the Court fee. Thereafter, the delay was occurred in the head office in

granting approval for filing an appeal and in sanctioning Court fee.

https://www.mhc.tn.gov.in/judis C.M.P. (MD)No.2763 of 2023

3.On perusal of the entire affidavit, except these two reasons, no other

sufficient reasons whatsoever have been given by the petitioner. In the present

appeal, the challenge has been made to the award passed by the tribunal. The

tribunal has ordered only pay and recovery on the ground that the first respondent

had not having valid driving license at the relevant point of time and such liability

is not disputed.

4.In such view of the matter, this Court is of the view that the reason

assigned in the affidavit is formal in nature without any sufficient cause. The

inordinate delay of 1826 days cannot be condoned as a matter of right. 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.

5.The learned counsel for the petitioner contended that the appeal papers

have been forwarded to the head office in time, but the same was kept pending

without any cause. No other substantiating materials whatsoever have been been

filed to accept the contention of the petitioner.

https://www.mhc.tn.gov.in/judis C.M.P. (MD)No.2763 of 2023

6.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.

07.03.2023 Index : Yes/No Internet : Yes/No ta

To

1.The Motor Accident Claims Tribunal, Subordinate Court, Devakottai.

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.2763 of 2023

N.SATHISH KUMAR, J.

ta

C.M.P.(MD)No.2763 of 2023 and C.M.A.(MD) No.SR934 of 2018

07.03.2023

https://www.mhc.tn.gov.in/judis