SUDHAKARAN Vs. VARGHESE

JUDGEMENT

(1.) The first of the above petitions is an application filed by the applicants in O. P. No. 108 of 1980, for condoning the delay in filing the appeal against an award passed by the Motor Accidents Claims Tribunal, Ernakulam on 8-6-1981 It is seen from the same award that the 1st respondent, owner of the bus, had filed an appeal MFA. No 14 of 1982. It was thereafter that a copy of the award was applied for on 1-2-1982 and the appeal filed on 2-2-1982. .

(2.) A counter affidavit was filed opposing the application for the condonation of delay. It was then that CMP. No. 17530 of 1982 was filed, praying that the appeal filed may be treated as a cross appeal. It was pointed out that the notice on MFA. No. 14 of 1982 had been served on the petitioners only on 30-1-1982. and consequently, if the appeal is treated as a cross appeal, it would be within the prescribed time.

(3.) This application also was opposed by the respondents, mainly on the basis that the Motor Vehicles Act does not confer the rights to prefer a cross appeal from an award of the Claims Tribunal. Pointing out the belated nature of the petition, it is submitted that the application is not bona fide either.