ASIF Vs. YOUSUF

JUDGEMENT

(1.) HEARD the learned counsel for the appellant as regards the reasons for condonation of delay of 3,827 days.

(2.) THE appellant was said to be a minor on the date of the motor vehicle accident. His father and his brother are said to have died. His mother had preferred a claim petition along with one of the brothers of the appellant who was aged about 19 and had represented the others as a Guardian, including the appellant. The appellant in all had three brothers and two sisters and all of them were minors, except one brother as on the date of filing of the claim petition. The claim petition was contested and there was an award of compensation in a total sum of Rs. 3,55,600/ - of which the appellant claims that his share was about Rs. 38,000/ -. It further transpires that the amount of compensation was directed to be deposited in Fixed Deposits. This the appellant it is claimed has learnt only in retrospect on his attaining majority and while cleaning the house, he had come across the Fixed Deposit receipts and on enquiry with his elder brother, it is stated that he had learnt that the Fixed Deposit receipts pertained to the compensation amount having been deposited in a Bank. Thereafter, the appellant had taken steps to withdraw the compensation amount and on further enquiries, had learnt that his mother had not chosen to prefer any appeal seeking enhancement of the compensation which was awarded, which was much on the lower side. It is thereafter that the appellant had taken the initiative to meet the counsel who had been engaged in the first instance to prosecute the claim petition and it is on further contemplation that the appellant has chosen to approach this Court seeking enhancement of compensation and hence, the delay. It is contended that the delay apparently appears to be inordinate, it is in actual fact not so because, the appellant has attained majority only in the year 2013 and the present appeal being preferred as on 25.04.2014, is not barred by delay and it is as a matter of form that the application is filed seeking condonation of delay of 3,827 days.