APPANNAIAH Vs. BHAGYA AND ANOTHER

JUDGEMENT

(1.) The owner of the Tractor and trailer bearing Registration Nos. KA-42-T 287 and 288 filed these appeals challenging the legality and correctness of the Judgment and Award dated 14-9-2012 made in MVC No.6372/2009, MVC No.6373/2009 and MVC No.6374/2009 passed by the XXIV Addl. Small Cause Judge and Motor Vehicle Accident Claims Tribunal, Bengaluru (hereinafter referred to as ' the Tribunal for short), fastening liability on him to compensate the claimants.

(2.) There is an inordinate delay of 607 days in filing the appeals. The appellant filed IA No.1/2014 in each of the appeal to condone the delay. In paragraph No.5 of the affidavit accompanying the application, he has stated that he was aged about 68 years. His eldest son-in-law is taking care of agricultural activities and also tractor and trailer. He has not informed about the occurrence of the accident. He came to know about the Judgment and Award passed by the Tribunal only after receipt of the notice of the Appeal Memorandum filed by the claimants seeking enhancement of compensation. It is thereafter steps have been taken to obtain the certified copy of the Judgment and Award to file appeals. Hence, he has sought for condonation of delay.

(3.) On the other hand, Sri. R. Rajagopalan, learned counsel appearing for Respondent No.2 contended that the owner of the vehicle was a party to the proceedings before the Tribunal. He had engaged an advocate to defend his case. It is not open for the appellant to contend that he is not aware of the Judgment and Award passed by the Tribunal. There is inordinate delay of more than 2 years, hence sought for dismissal of the appeal.