SHAKIL AHMAD VARSHNEY Vs. ALOK VARSHNEY & ANR

JUDGEMENT

(1.) C.M. No.3932/2014 (for delay)

(2.) The appellant has been awarded an amount of Rs.2,53,848/- along with interest @ 7.5 per cent per annum from the date of filing of the claim petition which is 17.11.2007 till its realization by the Motor Accident Claims Tribunal. As per Section 173 (1) of the Motor Vehicles Act, 1988, the appeal against the accident claim has to be filed within a period of 90 days from the date of the award. The appellant has filed the appeal with delay of 116 days. The reasons for delay as explained in the application are as under :-

(3.) Section 5 of the Limitation Act lays down that before the delay is condoned, the applicant must be able to show to the court that it was prevented by 'sufficient cause' from filing the appeal. The 'sufficient cause' has been interpreted as a cause by the courts which is beyond human control. While interpreting the word 'sufficient cause', the Apex Court has laid down in catena of authorities that the length of the delay is not material but the bona fides of the person in prosecuting the matter are to be seen which is laid down in Esha Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy & Ors., 2013 12 SCC 649.