ANJALI Vs. DHARMENDRA

JUDGEMENT

(1.) Heard. On I.A. No. 01, application for condonation of 2572 days' delay in filing the appeal.

(2.) This Appeal is directed against the judgment dtd. 25/9/2007 passed by the learned 12 th Additional Motor Accident Claims Tribunal (FTC), Raipur, District-Raipur (C.G.) in Claim Case No. 50/2007. Appellant has filed this appeal for enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal, Raipur (C.G.).

(3.) Appellant seeks condonation of 2572 days' delay in filing the appeal against the award dtd. 25/9/2007 passed by the Motor Accident Claims Tribunal, Raipur (C.G.). The application seeking condonation of delay states that the appellant No. 1 (in claim Tribunal) who was the husband of the present appellant died after passing of the impugned award and the present appellant was not aware about the case/award because she is illiterate. There is a delay of 2572 days in filing the instant appeal, the delay so caused is bona fide and unintentional. The appellant is a rustic villager having no knowledge about the procedure for filing an appeal and the limitation thereof. The appellant does not know about the legal proceeding and when she attended the legal seminar at the village, organized by legal service committee then she come to know and she filed the appeal before the High Court claiming that the liability may be shifted upon the insurance company and the compensation awarded by the tribunal may be enhanced. The counsel appearing before the learned Claims Tribunal advised the counsel for the appellant to file appeal for enhancement before this Hon'ble Court as the amount of award is on the lower side and the appellant after obtaining the necessary documents and relevant records filed the instant appeal. The delay is caused due to obtaining necessary documents and arranging money for filing the instant appeal. Lastly it is submitted that the appellant is the only member in her house and she has not intentionally or deliberately caused delay in filing the appeal, hence the delay of 2572 days is bona fide for the above said reasons. He has placed his reliance upon the decision of the High Court of Madhya Pradesh in the matter of Sudama and others vs. Lalsingh and others; 2017 0 ACJ 315.