Madras High Court
National Insurance Company ... vs Madasamy on 31 March, 2023
M.P. (MD)No.1 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
M.P.(MD)No.1 of 2008
and
C.M.A.(MD) No.SR36926 of 2008
National Insurance Company Limited,
Kottayam, Kerala ...Petitioner/Appellant
Vs.
1.Madasamy
2.K.C.Varkees ...Respondents/Respondents
PRAYER in C.M.P.(MD)No.1 of 2008: This Civil Miscellaneous Petition is filed
under Section 5 of the Limitation Act to condone the delay of 104 days in filing
the Civil Miscellaneous Appeal against the order and decree dated 11.02.2008
passed in M.A.C.O.P.No.310 of 2005 on the file of the Motor Accident Claims
Tribunal, Principal Sub Court, Tenkasi.
PRAYER in C.M.A.(MD)No.SR36926 of 2008: This Civil Miscellaneous Appeal
is filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the order
and decree dated 11.02.2008 passed in M.A.C.O.P.No.310 of 2005 on the file of
the Motor Accidents Claims Tribunal, Principal Sub Court, Tenkasi and to allow
this appeal with costs.
1/4
https://www.mhc.tn.gov.in/judis
M.P. (MD)No.1 of 2008
For Petitioner : Mr.D.Saravanan
ORDER
This application has been filed to condone the delay of 104 days in filing
the Civil Miscellaneous Appeal against the order and decree dated 11.02.2008
passed in M.A.C.O.P.No.310 of 2005 on the file of the Motor Accident Claims
Tribunal, Principal Sub Court, Tenkasi.
2.The reasons stated in the application are that after pronouncing of the
judgment by the Tribunal, the appellant insurance company sought legal opinion
for preparing an appeal. Hence, the delay was occurred.
3.On perusal of the entire affidavit, except the said reasons, no other
sufficient reasons whatsoever have been given by the petitioner and this Court is
of the view that the reasons assigned in the affidavit are formal in nature without
any sufficient cause. At the outset, as a matter of right, the petitioner being a
public undertaking cannot take any advantage as if they can prosecute the matter
as their whims and fancies. The delay merely citing some administrative reasons
cannot be condoned.
https://www.mhc.tn.gov.in/judis
M.P. (MD)No.1 of 2008
4.The appeal has been filed only challenging the quantum awarded by the
Tribunal. The Tribunal awarded only a sum of Rs.2,17,000/- for the disability
sustained by the petitioner. In fact, the Tribunal had awarded only Rs.1,000/- per
disability. In the opinion of this Court, the very compensation awarded by the
Tribunal is very low. Therefore, filing an appeal challenging the said award with
huge delay without any proper explanation itself is nothing but an abuse of
process of law.
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
M.P. (MD)No.1 of 2008
N.SATHISH KUMAR, J.
ta
To
1.The Motor Accident Claims Tribunal,
Principal Sub Court, Tenkasi.
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
M.P.(MD)No.1 of 2008
and
C.M.A.(MD) No.SR36926 of 2008
31.03.2023
https://www.mhc.tn.gov.in/judis
