The court emphasized the importance of establishing sufficient cause to condone a delay in filing an appeal.

JUDGMENT

(Prayer in CMP No.17254 of 2022: This Civil Miscellaneous Petition is filed under Section 173(1) of Motor Vehicles Act, 1988 praying to condone the delay of 1525 days in filing the CMA Sr.No.105388 of 2022.

In CMA Sr.No.105388 of 2022 : This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and judgment dated 07.02.2018 made in MCOP No.2011 of 2016 on the file of the Motor Accident Claims Tribunal [Special Sub Court No.II], Salem.)

Common Order:

1. This Civil Miscellaneous Petition is to condone the delay of 1525 days in preferring the Civil Miscellaneous Appeal, against the decree and judgment dated 07.02.2018 made in MCOP No.2011 of 2016 on the file of the Motor Accident Claims Tribunal [Special Sub Court No.II], Salem.

2. The claim petitioner filed the above claim petition before claims tribunal, claiming compensation for the injuries sustained by him in the road transport accident on 05.12.2014. Before the tribunal, to substantiate his claim, during the trial, he has examined PW1 and marked Ex.P1 to Ex.P9. The Disability certificate issued by the Medical Board is marked as Ex.C1.

3. Based upon Ex.C1, 38% disability was assessed and the date of the accident being 2014, Rs.3,000/- per % of disability was granted. The claims tribunal has awarded a total compensation of Rs.2,24,191/-, under various heads.

4. Having not satisfied with the quantum of compensation, the injured claim petitioner has preferred the appeal with a delay of 1525 days.

5. Heard the learned counsel appearing on either side and perused the records.

6. Learned counsel for the 2nd respondent-Insurance company could contend that the Award in MCOP No.2011 of 2016 was passed on 07.02.2018. The award amount was deposited on 24.08.2018 and the entire award amount has been withdrawn by the claimant.

7. After going through the affidavit, except stating bald averments, I find no valid reason much less sufficient cause to condone the huge delay of 1525 days. Further, the entire award amount has already been withdrawn in the year 2018 itself and the case has been filed subsequently only in the year 2022.

8. Therefore, in the absence of any positive averments to suit as sufficient cause, this Court is not inclined to condone the delay. Accordingly, the Civil Miscellaneous Petition stands dismissed. Consequently, the Civil Miscellaneous Appeal stands rejected, at the SR stage itself. No Costs.