AMBANNA Vs. V. RENUKAPPA AND ORS.

JUDGEMENT

(1.) The appellant claimant filed the above appeal against the order dated 25.09.2012 made in Misc. Case No. 6/2012 on the file of the Principal Senior Civil Judge & JMFC, Hospet, dismissing the application under Sec. 5 of the Limitation Act.

(2.) The claimant filed M.V.C. No. 920/2007 claiming compensation of Rs. 5,10,000/ - alleging that he is the permanent resident of Chitwadigi Village, Hospet Taluk and was working as a coolie and met with an accident on 23.12.2006, sustained grievous injuries and therefore, he filed M.V.C. case for compensation.

(3.) After framing issues, case was posted for the claimant's evidence. Due to the injuries, the claimant developed severe headache during the year 2008 and reason was not known and very recently on 20.03.2012 when he approached his advocate, he came to know that on 06.10.2008 his petition was came to be dismissed. Subsequently, the claimant filed Miscellaneous Case No. 6/2012 and there was delay. Therefore, he filed I.A. No. 1 under Sec. 5 of the Limitation Act to condone the delay. The said application was resisted by the present respondent No. 2 by filing objections.