Madras High Court
M/S.National Insurance Co.Ltd vs S.Kamaraj @ Ramadoss on 9 January, 2020
Author: R.Tharani
Bench: R.Tharani
C.M.P.(MD).No.44 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.01.2020
CORAM
THE HONOURABLE MRS. JUSTICE R.THARANI
C.M.P.(MD).No.44 of 2020
in
C.M.A.(MD).No.SR53208 of 2009
M/s.National Insurance Co.Ltd.,
Divisional Office,
Paramathi Road, Namakkal. ... Petitioner/Petitioner
Vs.
1.S.Kamaraj @ Ramadoss
2.S.Varadarajan
3.S.Vennila
4.A.Ashok Kumar
5.K.A.Chinnadurai ... Respondents/Respondents
Prayer in C.M.P.(MD).No.44 of 2020 : Petition under Order 4 Rule 9
(4) of ASR, to condone the delay of 3595 days in representing the
appeal papers in C.M.A.(MD)No.SR53208 of 2009.
Prayer in C.M.A.(MD).No.53208 of 2009: Civil Miscellaneous Appeal
is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the
fair and decreetal order dated 11.08.2009 made in M.C.O.P.No.185 of
2006 on the file of the Motor Accidents Claims Tribunal (Sub Court),
Kulithalai and allow the Civil Miscellaneous Appeal.
For Petitioner : Mr. S.Srinivasa Raghavan
http://www.judis.nic.in
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C.M.P.(MD).No.44 of 2020
ORDER
On the side of the petitioner, it is stated that the petitioner was not able to trace out the original deposit receipt and copy of the counter filed before the lower Court and hence, there was a delay of 378 days in representing the appeal and that appeal was again returned on 07.01.2011. The documents required by the Tribunal were made ready and there was a delay of 3595 days in representing the appeal papers.
2. Only reason stated by the petitioner is that there is a delay in getting certified copy of the common judgment in the original petition and the petitioner is bound to explain each day delay in getting certified copies, it seems to be un-reasonable. Each day delay is not sufficiently explained by the petitioner.
3. This petition is devoid of merits and hence, this Civil Miscellaneous Petition is dismissed and the award passed by the Tribunal is confirmed. Consequently, the C.M.A.(MD)No.SR53208 of 2009 is closed.
09.01.2020
Index : Yes/No
Internet : Yes/No
http://www.judis.nic.in
Ls
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C.M.P.(MD).No.44 of 2020
To
1.The Motor Accidents Claims Tribunal (Sub Court), Kulithalai.
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 3/4 C.M.P.(MD).No.44 of 2020 R.THARANI,J.
Ls C.M.P.(MD).No.44 of 2020 in C.M.A.(MD).No.SR53208 of 2009 09.01.2020 http://www.judis.nic.in 4/4