Madras High Court
Pattu Roja vs Dhanam on 11 March, 2025
C.M.A.SR.No.49649 of 2022
and C.M.P.No.3908 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.A.SR.No.49649 of 2022
and
C.M.P.No.3908 of 2024
1.Pattu Roja
2.Minor Manikandan
Rep. by his next friend/mother 1st Petitioner Pattu Road
3.Minor Sumathi
Rep.by his next friend/mother 1st Petitioner Pattu Road,
4.Minor asokkumar @ Surya
Rep. by his next friend/mother 1st Petitioner Pattu Roja
5.Chellamudhu
6.Radha
7.Raja ... Appellants/Petitioners
vs.
1.Dhanam
1/6
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C.M.A.SR.No.49649 of 2022
and C.M.P.No.3908 of 2024
2.The Divisional Manager,
ICICI Lombard General Insurance Company Limited
No.140, Sottabai Centre, 2nd and 3rd Floor,
Nungambakkam High Road,
Chennai-600 034. ... Respondents
PRAYER in C.M.A.SR.No.49649 of 2022: Civil Miscellaneous Appeal is
filed under Section 173 of the Motor Vehicles Act, 1988, to enhance and set
aside the award against the judgment and decree dated 11.08.2015 and made
in M.A.C.T.O.P.No.1 of 2013 on the file of the Motor Accident Claims
Tribunal, Special Motor Accident Compensation Claims Tribunal, Special
Sub Court, Thiruvannamalai (FAC).
PRAYER in C.M.P.No.3908 of 2024: Civil Miscellaneous Petition is filed
to condone the delay of 2286 days in filing the appeal against the Judgment
and Decree dated 11.08.2015 and made in M.A.C.T.O.P.No.1 of 2013 on
the file of the Motor Accident Claims Tribunal, Special Motor Accident
Compensation Claims Tribunal, Special Sub Court, Thiruvannamalai
(FAC).
For Appellants/Petitioners : Ms.M.Malar
For R2 : M/s.R.Sree Vidhya
For R1 : Notice Returned
2/6
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C.M.A.SR.No.49649 of 2022
and C.M.P.No.3908 of 2024
ORDER
This Civil Miscellaneous Petition has been filed seeking to condone
the delay of 2286 days in filing the civil miscellaneous appeal challenging
the award passed by the Motor Accident Claims Tribunal, Special Motor
Accident Compensation Claims Tribunal, Special Sub Court,
Thiruvannamalai (FAC) in M.A.C.T.O.P.No.1 of 2013, dated 11.08.2015.
2. It is seen from the records that the award of the Tribunal was
passed on 11.08.2025. The petitioners/appellants/claimants filed copy
application on 14.08.2015. The copy was made ready on 30.10.2015.
However, the instant appeal was filed only on 29.04.2022 with a delay of
2286 days.
3. In the affidavit filed in support of the condone delay petition, it
was averred by the claimants that the 1st claimant had withdrawn a sum of
Rs.73,699/- and 6th claimant had withdrawn a sum of Rs.70,014/- on
01.08.2017. The claimants 1 and 7 had withdrawn the remaining amount of
Rs.9,845/- and Rs.88,203/- on 24.01.2022 respectively and for enhancement
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of compensation, the steps have been taken to file the instant appeal. It is
also stated that family members of the claimants got affected due to covid-
19. Hence, there is a delay of 2286 days in filing the above appeal.
4. From the averments found in the petition, the substantial portion of
the award amount to the tune of Rs.1,43,713/- was withdrawn by the
claimants 1 and 6 as early as 2017. The court fee payable on appeal is only
Rs.4,000/-. The claimants have not taken any steps to file appeal even
though they received certified copy of the award as early as 06.11.2015.
Atleast they should have filed appeal after withdrawal of the substantial
portion of the award amount in the year 2017. It is a matter of common
knowledge that out break of covid pandemic happened in March-2020.
5. In these circumstances, absolutely there is no justification on the
part of the petitioner to explain the delay from 2017 to 2022. In such
circumstances, the reasons assigned in the affidavit for explaining the
enormous delay of 2286 days in filing appeal are not sufficient.
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6. Therefore, the C.M.P.No.3908 of 2024 is dismissed.
Consequently, C.M.A.SR.No.49649 of 2022 is rejected in SR stage itself.
No costs.
11.03.2025
Index :Yes / No
Speaking order :Yes / No
Neutral Citation :Yes / No
dm
To
The Motor Accident Claims Tribunal,
Special Motor Accident Compensation Claims Tribunal,
Special Sub Court, Thiruvannamalai (FAC).
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S.SOUNTHAR, J.
dm
11.03.2025
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