The Superintendent Engineer vs Minor.Santhosh Mohan on 24 January, 2020

[Cites 1, Cited by 4]

Madras High Court

The Superintendent Engineer vs Minor.Santhosh Mohan on 24 January, 2020

Bench: V.M.Velumani

                                                                       M.P.No.2 of 2011 and
                                                                  C.M.A.SR.No.73723 of 2010

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED: 24.01.2020

                                                     CORAM:

                              THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                               M.P.No.2 of 2011
                                                     and
                                          C.M.A.SR.No.73723 of 2010

                      The Superintendent Engineer,
                      Highways Department,
                      Kancheepuram.                                       .. Petitioner

                                                         Vs.

                      1.Minor.Santhosh Mohan
                       (represented by his mother and natural
                        guardian Geetha Sadagopan)

                      2.Geetha Sadagopan

                      3.S.Jagadambal Ammal

                      4.M.Muthuramalingam

                      5.New India Assurance Company Limited,
                        Raja Rajeswari Tower, 4th Floor, 28/30,
                        Dr.Radhakrishnan Salai,
                        Chennai – 600 004.                                .. Respondents


                      PRAYER: M.P.No.2 of 2011 is filed under Section 173(1) of the
                      Motor Vehicles Act, 1988, to condone the delay of 976 days in filing
                      the above appeal.



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                                                                            M.P.No.2 of 2011 and
                                                                       C.M.A.SR.No.73723 of 2010




                              C.M.A.SR.No.73723 of 2010 is filed under Section 173 of the
                      Motor Vehicles Act, 1988, against the judgment and decree dated
                      29.08.2007 made in M.C.O.P.No.1711 of 2004 on the file of Motor
                      Accidents Claims Tribunal, IV small Causes Court, Chennai.


                                          For Petitioner    :   Mr.A.Devnarenderan
                                                                Government Advocate


                                                     ORDER

This Miscellaneous Petition is filed to condone the delay of 976 days in filing the above C.M.A.SR.No.73723 of 2010, which is filed against the judgment and decree dated 29.08.2007 made in M.C.O.P.No.1711 of 2004 on the file of Motor Accidents Claims Tribunal, IV small Causes Court, Chennai.

2.Heard the learned Government Advocate appearing for the petitioner and perused the entire materials on record.

3.According to the petitioner, due to administrative reason, delay of 976 days has occurred. The petitioner-Highways Department is not diligent enough to prosecute the case. The 2/5 http://www.judis.nic.in M.P.No.2 of 2011 and C.M.A.SR.No.73723 of 2010 reason given by the petitioner is not valid and sufficient for condoning delay of 976 days. In view of the same, this Court is not inclined to condone the delay. Accordingly, M.P.No.2 of 2011 stands dismissed and consequently, C.M.A.SR.No.73723 of 2010 is rejected at the SR stage itself. No costs.

24.01.2020 krk To

1.The IV Judge, Motor Accidents Claims Tribunal, Small Causes Court, Chennai.

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

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http://www.judis.nic.in M.P.No.2 of 2011 and C.M.A.SR.No.73723 of 2010 V.M.VELUMANI, J.

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