CMP/9797/2023 of The Managing Director Vs P.Manikkam on 13 October 2026

O R D E R

(Order of the Court was made by M.Dhandapani J.) This Civil Miscellaneous Petition has been filed by the appellant Transport Corporation seeking to condone the delay of 91 days in filing the appeal challenging the award passed by the Claims Tribunal.

2. The application for condonation of delay was filed in the year 2023. However, despite the lapse of considerable time, service has not been effected on the respondents till date.

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3. The affidavit filed in support of the petition has been perused. The reasons stated for the delay are primarily administrative in nature. No satisfactory or sufficient explanation has been offered to justify the delay of 91 days. Mere reference to administrative reasons, without any specific and convincing explanation, cannot be accepted as sufficient cause for condoning the delay.

4. However, having regard to the nature of the claim and the grounds raised in the appeal, this Court has also perused the records to ascertain whether any apparent infirmity is made out in the award passed by the Claims Tribunal. The accident occurred on 12.01.2019 at about 5.30 p.m. The deceased persons, namely, Prakash and Sriram, were travelling in a car bearing Registration No. TN 38 TMP-2018/926, when a bus belonging to the appellant Transport Corporation, bearing Registration No. TN 39 N 0060, driven by its driver, dashed against the said car. Both the deceased persons succumbed to their injuries while being taken to the hospital.

5. The claimants thereafter filed a claim petition seeking compensation of Rs.35,00,000/-. Upon consideration of the oral and documentary evidence, the Claims Tribunal awarded a sum of Rs.23,38,000/- as compensation. Aggrieved

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by the said award, the appellant Transport Corporation has preferred the present appeal.

6. With regard to negligence, the claimants examined P.W.2, an eyewitness to the occurrence, and marked Ex.P1-FIR, Ex.P2-charge sheet, Ex.P4-rough sketch and Ex.P5-Motor Vehicle Inspector's report. On the other hand, the appellant Transport Corporation examined R.W.1, the driver of the bus. Except for the testimony of the driver, who is an interested witness, no independent witness was examined on behalf of the appellant to substantiate its contention.

7. In the light of the evidence available on record, particularly the testimony of the eyewitness and the documentary evidence relating to the accident, this Court finds no apparent infirmity in the finding of negligence recorded by the Claims Tribunal warranting interference.

8. As regards the quantum of compensation, the accident occurred in the year 2019, and the Claims Tribunal fixed the notional monthly income at Rs.10,500/-. Having regard to the relevant circumstances, the said assessment cannot, on the material presently available, be said to be unreasonable. No

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apparent infirmity is made out in the application of future prospects, the multiplier or the amounts awarded under the other conventional heads so as to warrant interference at this stage.

9. In the absence of a satisfactory explanation for the delay and in view of the fact that the application has remained unattended to for a considerable period without effecting service on the respondents, this Court finds no sufficient cause to condone the delay of 91 days. Accordingly, C.M.P. is dismissed. Consequently, the connected C.M.A. stands dismissed at the SR stage itself. There shall be no order as to costs. (M.D.I.,J.) (A.D.M.C.,J.) 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sts

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M.DHANDAPANI J. AND DR.A.D.MARIA CLETE J. sts Order made in C.M.P.No.9797 of 2023 and C.M.A.SR.No.125014 of 2022 Dated: 13-10-2026