Madras High Court
The Managing Director vs Karuthapandi on 5 August, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.SR.No.78579 of 2024
&
C.M.P.No.15186 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
AND
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.A.SR.No.78579 of 2024
&
C.M.P.No.15186 of 2024
The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram) Ltd.,
Thiruvannamalai. ..Appellant/Petitioner
Vs.
1. Karuthapandi,
S/o Sokkadevar
2. K.Vijayalakshmi
W/o Karuthapandi ..Respondent/Respondent
C.M.P.No.15186 of 2024
Civil Miscellaneous Petition filed under Section 173(1) of M.V.
Act to condone the delay of 775 days in filing the appeal against the
judgment and decree dated 16.12.2021 in MCOP.No.337 of 2015 on the
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Page 1/5
C.M.A.SR.No.78579 of 2024
&
C.M.P.No.15186 of 2024
file of Motor Accident Claims Tribunal (I Additional District Judge) at
Tindivanam.
C.M.A.SR.No.78579 of 2024
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 16.12.2021 in
MCOP.No.337 of 2015 on the file of Motor Accident Claims Tribunal (I
Additional District Judge) at Tindivanam.
For Appellant/Petitioner : Mr.T.Chandrasekaran
ORDER
(The order of the Court was made by Mrs.J.Nisha Banu,J.)
The Civil Miscellaneous Petition petition has been filed to
condone the delay of 775 days in filing the Civil Miscellaneous Appeal.
2. Heard the learned counsel for the petitioner/appellant.
3. The above appeal has been filed against the judgment and
decree dated 16.12.2021 passed in MCOP.No.337 of 2015 on the file of
Motor Accident Claims Tribunal (I Additional District Judge) at
Tindivanam, in and by which, the Tribunal has awarded a sum of
https://www.mhc.tn.gov.in/judis
&
Rs.33,27,000/- together with interest at the rate of 9% per annum from
the date of petition till the date of deposit along with proportionate cost.
The Tribunal held that the accident had occurred only due to the rash and
negligent act of the driver of the appellant Corporation bus. The
respondents/claimants are the parents of the deceased Jamuna Rani. The
said deceased worked as an Assistant Professor in Electronics and
Instrumentation Engineering. The accident took place when she went to
Chennai Airport along with her newly wedded husband, father-in-law
and mother-in-law to send off her husband, who was going aboard for his
employment. All the four died in the said accident. The present CMA has
been filed by the parents of the deceased daughter Jamuna Rani.
4. The award was passed by the Tribunal on 16.12.2021. The
Appellant Transport Corporation had slept over the matter for more than
two years and now has filed the present appeal after receiving the notice
in the execution petition in the order of attachment of vehicle.
5. The delay is enormous and we are also not satisfied with the
reasons stated in the affidavit for condoning the delay in filing the
appeal. Therefore, we are not inclined to condone the delay and even on
https://www.mhc.tn.gov.in/judis
&
merits, we are not inclined to entertain the civil miscellaneous appeal.
Hence, the condone delay petition stands dismissed. Consequently, the
Civil Miscellaneous Appeal is rejected at the SR stage itself. No costs.
(J.N.B,J.) (R.K.M., J.)
Index : Yes / No 05.08.2024
Internet : Yes
vsi
To
The Motor Accident Claims Tribunal
(I Additional District Judge)
at Tindivanam.
https://www.mhc.tn.gov.in/judis
&
J. NISHA BANU, J.
and
R.KALAIMATHI,J.
vsi
&
05.08.2024
https://www.mhc.tn.gov.in/judis
