YUSUF Vs. JANARDHANA, THE MANAGER, THE NATIONAL INSURANCE CO., LTD. 3RD FLOOR, HIGH LANE PLAZE M. G. ROAD KASARGOD, P.K. HASSAIN KUTTY AND THE MANAGER, THE NATIONAL INSURANCE CO., LTD., 3RD FLOOR, GANESH BUILDING, B.C. ROAD, BANTWAL TALUK@RESPON

JUDGEMENT

(1.) THIS appeal by the appellant -claimant is directed against the impugned judgment and award dated 16/06/2010 passed in MVC No. 1320/2006, by the II Additional District Judge and Member, Motor Accident Claims Tribunal -III, Dakshina Kannada, Mangalore, (hereinafter referred to as 'Tribunal' for short). Along with the appeal, appellant has also filed I.A. 1/2012, seeking condonation of delay of 471 days in filing the appeal.

(2.) THE delay of 471 days in filing the appeal has been explained by the appellant at paragraph 5 of the affidavit dated 13.2.2012 filed in support of I.A. 1/2012 stating that, his Advocate has advised him that there is time to file the appeal. Further it is stated that, he was in deep financial crisis and after mobilizing the money from his friends and well wishers, has preferred the appeal and hence, there is a delay. Further, it is stated that, the said delay is not intentional one and he has got good case on merits and if the said delay is not condoned, he would be put to great hardship and irreparable injury, on the contrary, no prejudice or hardship would be caused to the respondents if the delay is condoned. Therefore, he prayed to allow the application.