LAWS(DLH)-2012-7-432

UNION OF INDIA Vs. MAHINDER KUMARI

Decided On July 13, 2012
UNION OF INDIA Appellant
V/S
MAHINDER KUMARI Respondents

JUDGEMENT

(1.) THE Appellant Union of India impugns a judgment dated 15.12.2010 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of Rs.6,42,265/- was awarded in favour of the Respondents No.1 to 4 for the death of Hari Ram who died in a motor vehicle accident which occurred on 21.06.2005.

(2.) FOR seven years, the Respondents No.1 to 4 are unable to get the compensation because of the obstacles placed by the officials of the Appellant i.e. Union of India. The Appellant does not want to pay the compensation even after one year and seven months of passing of the impugned judgment and has come up with two Applications for condonation of delay. CM. APPL No.11647/2012 is the Application for condonation of delay of 171 days in filing the Appeal and strangely CM. APPL No.11650/2012 is the Application for condonation of delay of 272 days in refiling the Appeal. Paras 3 to 15 of CM. 11647/2012 are extracted hereunder which, according to the Appellant, discloses sufficient cause for condonation of delay:

(3.) THERE is no dispute that some latitude may be given considering that it takes time in pushing the file from one desk to another, yet some explanation must be given by the Government Agency for the delay. As stated above in the Application for condonation of delay in filing the Appeal and in the Application for condonation of delay in refilling the Appeal, the Appellant has simply given the dates when a particular fact happened or was done.