MADASAMY Vs. MINOR PARJANSKETSHIA

JUDGEMENT

(1.) This petition is filed to condone the delay of 3246 days in preferring the above appeal as against the judgment and decree, dated 17.09.2010 in M.C.O.P.No.180 of 2009 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Tirunelveli.

(2.) The petitioner is the first respondent in the Claim Petition before the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Tirunelveli. It is the case of the petitioner that he sold the Load Auto, which was involved in the accident, to the second respondent for a valid consideration and that the the second respondent has become the owner of the vehicle at the time of accident, ie., on 12.03.2009. Since the accident took place after the transfer of ownership, the petitioner states that he has good chance of success in the appeal.

(3.) The learned Counsel for the petitioner admitted that the Tribunal has awarded the compensation and made both the petitioner and the second respondent liable, jointly and severally even though the accident was caused by the second respondent. The appeal is preferred by the petitioner with a long delay of more than eight years. In the affidavit filed in support of the petition, the petitioner has not given any reasons for the inordinate delay. There is not even a fair attempt made by the petitioner to explain the delay, why the appeal could not be filed within a reasonable time.