Kavitha vs Vijaya
2024 Latest Caselaw 8304 Mad

Madras High Court

Kavitha vs Vijaya on 3 June, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                  C.M.P.No.21329 of 2022 in
                                                                  C.M.A.SR.No.49655 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 03.06.2024

                                                      CORAM

                          THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              C.M.P.No.21329 of 2022
                                                        in
                                            C.M.A.SR.No.49655 of 2022

                     1.Kavitha

                     2.Ammu @ Ramya

                     3.Minor. Surya                                       .. Petitioners

                     (Minor 3rd petitioner represented by
                     her guardian / Mother, Kavitha)


                                                            Vs.

                     1.Vijaya

                     (R1 remained exparte before the Tribunal.
                     Hence, her presence is dispensed with)

                     2.The Divisional Manager,
                       The Oriental Insurance Company Limited,
                       Hub 3rd Party Claims, Vijayalakshmi Complex,
                       First Floor, No.32/13, Phase No.2,
                       Sathuvachari, Vellore.                             .. Respondents




                     1/4
https://www.mhc.tn.gov.in/judis
                                                                           C.M.P.No.21329 of 2022 in
                                                                           C.M.A.SR.No.49655 of 2022

                     PRAYER: C.M.P.No.21329 of 2022 is filed under Section 173(1) of the
                     Motor Vehicles Act, to condone the delay of 1777 days in filing the appeal
                     against the Judgment and Decree dated 20.02.2017 made in
                     M.A.C.T.O.P.No.191 of 2016 on the file of the Motor Accident Claims
                     Tribunal, Special Sub Court, Thiruvannamalai.


                                  C.M.A.SR.No.49655 of 2022 is filed under Section 173 of the
                     Motor Vehicles Act, 1988, to enhance and set aside the award against the
                     Judgment and Decree dated 20.02.2017 made in M.A.C.T.O.P.No.191 of
                     2016 on the file of the Motor Accident Claims Tribunal, Special Sub
                     Court, Thiruvannamalai.

                                              For Petitioners : Ms.A.Subadra


                                                           ORDER

C.M.P.No.21329 of 2022 has been filed to condone the delay of

1777 days in filing the appeal against the Judgment and Decree dated

20.02.2017 made in M.A.C.T.O.P.No.191 of 2016 on the file of the

Motor Accident Claims Tribunal, Special Sub Court, Thiruvannamalai.

2.Heard the learned counsel for the petitioners.

https://www.mhc.tn.gov.in/judis C.M.P.No.21329 of 2022 in

3.The only reason that has been assigned in the affidavit filed in

support of C.M.P.No.21329 of 2022 is found at paragraph No.5. The

reasons assigned is bereft of any details and it is not sufficient to condone

the exorbitant delay of 1777 days in filing the appeal. The delay has not

been properly explained.

4.In view of the above, C.M.P.No.21329 of 2022 is dismissed and

consequently, C.M.A.SR.No.49655 of 2022 stands rejected at the SR

stage itself. No costs.

                                                                                     03.06.2024

                     krk

                     Index            : Yes / No
                     Internet         : Yes / No
                     Neutral Citation : Yes / No

                     To

1.The Special Subordinate Judge, Motor Accident Claims Tribunal, Thiruvannamalai.

2.The Section Officer, VR Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis C.M.P.No.21329 of 2022 in

N.ANAND VENKATESH, J.

krk

C.M.P.No.21329 of 2022 in

03.06.2024

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