GITABEN MANHARLAL PUJARA Vs. HARESH BIPINCHANDRA PATHAK

JUDGEMENT

(1.) By this civil application, prayer has been made by the applicant-appellant for condonation of delay of 576 days caused in filing of this appeal against the order of the Motor Accident Claims Tribunal. (Main) Rajkot in Motor Accident Claims Petition No. 415/1996, below Ex. 7 dated 7.9.1996. Under the impugned order, the Tribunal has held that the applicant-appellant is entitled to recover interim compensation under Sec. 140 of Motor Vehicles Act, in sum of Rs. 25000/- with interest at the rate of 12% p.a. from the date of application till the date of payment from the owner of the vehicle but the insurance company was exonerated of this liability. Hence this appeal before this Court against the impugned order.

(2.) Under the impugned order the matters arising from one and the same accident, including this case out which this appeal arises, have been decided the grant of interim compensation and the insurance company has been exonerated in all these matters.

(3.) Learned counsel for the applicant-appellant contended that delay in filing of appeal has been caused for the reason that the applicant-appellant was not in a position to file appeal within limitation for the constraints and reasons as narrated in the application. It is urged that in all other matters, the appeals have been preferred before this Court and the Court has made insurance company liable to indemnify to the owner of the amount of interim compensation together with interest thereon ordered to be paid to the claimants in those matters by the owner of the offending vehicle by the Tribunal.