The Managing Director vs K.Sasikumar
2023 Latest Caselaw 3632 Mad

                                                                             C.M.P. (MD)No.11027 of 2019


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 31.03.2023

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                        C.M.P.(MD)No.11027 of 2019
                                                     and
                                      C.M.A.(MD) No.SR69341 of 2019
                The Managing Director,
                The Tamil Nadu State Transport Corporation,
                Bye Pass Road, Madurai.                           ...Petitioner/Appellant

                                                     Vs.
                1.K.Sasikumar
                2.Minor S.Ajeikumar
                3.Minor S.Aarthi
                4.M.Ravindran
                5.R.Maruthayi                                    ...Respondents/Respondents

                PRAYER in C.M.P.(MD)No.11027 of 2019: This Civil Miscellaneous Petition is
                filed under Section 173(1) of the Motor Vehicles Act to condone the delay of 172
                days in filing the Civil Miscellaneous Appeal against the judgment and decree
                dated 30.11.2018 passed in M.C.O.P.No.105 of 2016 on the file of the Motor
                Accident Claims Tribunal (Additional District Court), Virudhunagar.


                PRAYER in C.M.A.(MD)No.SR69341 of 2019: This Civil Miscellaneous Appeal
                is filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the
                judgment and decree in M.C.O.P.No.105 of 2016 dated 30.11.2018 on the file of
                the Motor Accident Claims Tribunal (Additional District Court), Virudhunagar.

                1/4
https://www.mhc.tn.gov.in/judis
                                                                                       C.M.P. (MD)No.11027 of 2019


                                           For Petitioner     : Mr.K.Sudalayandi
                                           For R1 to R3       : Mr.P.Samuel Gunasingh
                                                             ORDER

This application has been filed to condone the delay of 172 days in filing

the Civil Miscellaneous Appeal against the judgment and decree, dated 30.11.2018

passed in M.C.O.P.No.105 of 2016 on the file of the Motor Accident Claims

Tribunal (Additional District Court), Virudhunagar.

2.The reasons stated in the application are that the award was passed on

30.11.2018 and the application for certified copy was made on 03.12.2018 by the

learned counsel. The certified copy of the decree and judgment was received on

11.01.2019. Thereafter, papers were placed before the Finance Committee for

getting approval to file an appeal against the said judgment and decree. Hence,

the delay was occurred.

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

sufficient reasons whatsoever have been given by the petitioner. Therefore, if the

delay that was occurred because of such casual manner is condoned, the same will

encourage the Officials to be very careless in prosecuting the matter before the

https://www.mhc.tn.gov.in/judis C.M.P. (MD)No.11027 of 2019

Court of law. What is fitted against the common man is equally fitted against the

Government undertakings. Though the delay appears to be 172 days, the same

cannot be condoned mechanically without any proper reasons.

4. Even otherwise, the appeal has been filed challenging the negligence. On

perusal of the award, it is clear that the trial Court on appreciation of entire oral

and documentary evidence adduced by the claimants found that the negligence is

only on the part of the driver of the bus. No oral and documentary evidence had

been adduced by the respondent to prove the alleged negligence.

5.For the reasons stated above, this Court does not find any merit 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.

31.03.2023 Index : Yes/No NCC : Yes/No ta

https://www.mhc.tn.gov.in/judis C.M.P. (MD)No.11027 of 2019

N.SATHISH KUMAR, J.

ta

To

1.The Motor Accident Claims Tribunal, Additional District Court, Virudhunagar.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

C.M.P.(MD)No.11027 of 2019 and C.M.A.(MD) No.SR69341 of 2019

31.03.2023

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