The Managing Director vs Nathiya
2023 Latest Caselaw 3635 Mad

                                                                                   C.M.P. (MD)No.3341 of 2023


                             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.3341 of 2023
                                                  and
                                      C.M.A.(MD) No.SR13955 of 2023
                The Managing Director,
                Ms.,TNSTC Limited,
                Kumbakonam,
                Thanjavur District.                               ...Petitioner/Appellant

                                                          Vs.
                Nathiya                                             ...Respondent/Respondent

                PRAYER in C.M.P.(MD)No.3341 of 2023: This Civil Miscellaneous Petition is
                filed under Section 173(1) of the Motor Vehicles Act to condone the delay of 97
                days in preferring the Civil Miscellaneous Appeal against the judgment and decree
                dated 07.07.2022 passed in M.C.O.P.No.121 of 2022 on the file of the Motor
                Accident Claims Tribunal Special Sub Court, Thanjavur.


                PRAYER in C.M.A.(MD)No.SR13955 of 2023: 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.121 of 2022 dated 07.07.2022 on the file of
                the Motor Accident Claims Tribunal, Special Sub Court, Thanjavur.


                                        For Petitioner   : Mr.A.V.B.Krishnakanth

                1/4
https://www.mhc.tn.gov.in/judis
                                                                                    C.M.P. (MD)No.3341 of 2023


                                                          ORDER

This application has been filed to condone the delay of 97 days in

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

07.07.2022 passed in M.C.O.P.No.121 of 2022 on the file of the Motor Accident

Claims Tribunal, Special Sub Court, Thanjavur.

2.The reason stated in the application is that the Corporation sought an legal

opinion as to whether an appeal can be filed against the judgment and decree made

by the Tribunal.

3.On perusal of the entire affidavit, except the said reason, no other

sufficient reasons whatsoever have been given by the petitioner. This Court is of

the view that such casual explanations cannot be accepted in the Court of law.

Though Section 5 of the Limitation Act reads liberal approach in condoning the

delay with sufficient cause, such liberal approach cannot be adopted in a

mechanical manner without even any valuable reasons.

4.Further, the very appeal itself is filed challenging the award of the

Tribunal granting compensation of Rs.25,000/- for the injuries sustained by the

https://www.mhc.tn.gov.in/judis C.M.P. (MD)No.3341 of 2023

claimant. The accident is not disputed. The only ground, on which the defence

was put forth is that only the driver of the tractor was negligent and not the driver

of the corporation. Whereas the evidence adduced before the Tribunal clearly

proves that the negligence is on the part of the driver of the bus. Such view of the

matter, the very filing of the appeal for such small amount of compensation, is

nothing but an abuse of process of law.

4. 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.3341 of 2023

N.SATHISH KUMAR, J.

ta

To

1.The Motor Accident Claims Tribunal, Special Sub Court, Thanjavur.

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

C.M.P.(MD)No.3341 of 2023 and C.M.A.(MD) No.SR13955 of 2023

31.03.2023

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