MOHD ATHAR Vs. TEHSIM AHMAD & ORS

JUDGEMENT

(1.) This appeal is directed against the judgment and Award dated 21.03.2016 passed by M.A.C.T./Ist Addl. District Judge, Haldwani, District Nainital in Motor Accident Claim Petition No.47 of 2015, whereby the Tribunal has awarded a sum Rs. 7,84,000/- as compensation to the claimants along with interest @ 7% per annum from the date of filing of the claim petition till the date actual payment is made. By the impugned judgment and Award, the Tribunal has fixed the liability jointly and severally on the owner and driver of the offending vehicle.

(2.) There is a delay of 547 days in filing the present appeal. Delay Condonation Application CLMA No.13758 of 2014 has been moved by the appellant, seeking condonation of delay. It is stated in the affidavit accompanying the delay condonation application that the award dated 21.03.2016 was passed ex-parte against the appellant-owner. Appellant obtained the certified copy of the Award on 25.09.2017, whereafter, he contacted his counsel before the Tribunal who advised him to file recall application. On 10.05.2016, appellant filed recall application, which was dismissed by the Tribunal on 16.12016. Being aggrieved with the order dated 16.12016, appellant filed a writ petition being WPMS No.500 of 2017 before this Court. By order dated 09.03.2017, writ petition was disposed by the Court, permitting the appellant to file appeal before the appropriate forum. It is further stated in the affidavit that this order dated 09.03.2017 was not in the knowledge of the appellant and he could know about the same on 28.11.2017. Thereafter, he applied for certified copy of the order and obtained the same. It is also stated that in the meantime appellant fell seriously ill due to which he could not file the appeal well within time. When he recovered a bit, he collected the entire record of the aforesaid case, arranged the court fee and contacted his counsel, whereafter, this appeal has been filed.

(3.) I have heard learned counsel for the appellant and perused the entire record.