CMP(MD)No.7117 of 2020 in

CMA(MD)SR.No.37451 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 16.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU

CMP(MD)No.7117 of 2020

in

CMA(MD)SR.No.37451 of 2020

Jayapal

... Petitioner/Appellant

vs.

1.Mahadevan

2.Manikandan

3.Sriram General Insurance Co.,Ltd.,

Represented by its Branch Manager

Head Office at E-8, RIICO Industrial Area

Sitapura, Jaipur

Rajasthan

4.Sriram General Insurance Co.,Ltd.,

Represented by its Branch Manager

Office at 2^nd Floor

25B2/14, SRC Complex

North Block, 25B, SN High Road

Tirunelveli

... Respondents/Respondents

Prayer in CMP(MD)No.7117 of 2020: Petition filed under Section 5 of

the Limitation Act, to condone the delay of 1181 days in filing the

appeal in CMA.SR.No.37451/2020 against the order dated 17.9.2020

passed in M.C.O.P.No.50/2015,on the file of the Motor Accidents

claim Tribunal(Special Court),Nagercoil, Kanyakumari District.

Prayer in CMA(MD)SR.No.37451 of 2020: Appeal filed under Section 173

of the Motor Vehicles Act 1988, to set aside the order dated

17.09.2020 passed in M.C.O.P.No.50 of 2015 on the file of the Motor

Accident Claim Tribunal (Special Court), Nagercoil, Kanyakumari

District and allow the above appeal.

For Petitioner

: Mr.K.Rajeshwaran

For R3 and R4

: Mr.V.Sakthivel

ORDER

The present petition has been filed to condone the delay of

1181 days in filing the appeal.

2.As regards the delay, the learned counsel for the petitioner

would state that the learned Special Judge, Motor Accident Claim

Tribunal Nagercoil, Kanyakumari District has passed an award in

M.C.O.P.No.50 of 2015 on 17.09.2016 and the petitioner filed copy

application on 04.10.2019 and the same was made ready on 15.10.2019.

The above appeal has to be filed on or before 12.12.2016. But due to

1/3

https://hcservices.ecourts.gov.in/hcservices/

CMP(MD)No.7117 of 2020 in

CMA(MD)SR.No.37451 of 2020

the accident and due to the Covid-19 pandemic, the petitioner could

not able to mobilize the fund in time, after mobilizing the fund, he

came to Madurai and handed over the case papers to the Advocate. Due

to the above reason, there was a delay of 1181 days in filing the

appeal and the above delay occurred which is neither wilful nor

wanton. Thus, he would pray to condone the delay.

3. Heard the learned counsel for the petitioner and also

perused the materials available on record.

4.The petitioner has stated in a routine manner that the award

was passed in M.C.O.P.No.50 of 2015 on 17.09.2016 and he filed copy

application on 04.10.2019 and the same was made ready on 15.10.2019.

But due to the accident and due to the Covid-19 pandemic, the

petitioner could not able to mobilize the fund in time, after

mobilizing the fund, he came to Madurai and handed over the case

papers to the Advocate. Due to the above reason, there was a delay

of 1181 days in filing. Gross negligence on the part of the counsel

or the litigant has to be taken note of while considering the delay.

The award granted by the Tribunal has also been satisfied by the

respondents and now without any valid reason has come forward to

condone the delay of 1181 days in filing the above Civil

Miscellaneous Appeal. The delay is not minimal and it is a very long

delay. The reasons stated for the delay are not acceptable reasons.

Therefore, this Court is not inclined to condone the delay of 1181

days in filing the appeal. Relying on the principles enumerated in

the Judgment reported in Esha Bhattacharjee v. Managing Committee of

Raghunathpur Nafar Academy & others, [2013 (5) CTC 547 (SC) : 2013

(5) LW 20], I am not inclined to condone the delay. Accordingly,

this Civil Miscellaneous Petition is dismissed. In view of the order

passed in CMP(MD)No.7117 of 2020, C.M.A.(MD)SR.No.37451 of 2020 is

rejected at the SR stage itself. No costs.

Sd/-

Assistant Registrar (CS II)

// True Copy //