STATE OF U P Vs. PREETAM

JUDGEMENT

(1.) This is an application to condone the delay in filing the appeal which is reported to be barred by 273 days. The respondent filed Claim Petition No. 284 of 1994 against the State, the appellants for awarding the compensation on the ground that husband of the respondent No. 3 died in the accident while he was going on scooter No. UP 8-C 5134 from Kisan Nagar to his house at Akbarpur. The tractor No. URV 4099 belonging to Forest Department crushed him. He died on the spot. He was a constable and was getting salary of Rs. 2,656 per month. He died leaving behind his widow Kavita. The Tribunal awarded a sum of Rs. 2,88,000 as compensation. The appellant filed appeal against this order on 23.2.1999 which was barred by 273 days.

(2.) The appellant has filed this application to condone the delay. It is supported by an affidavit of one Dinesh Kumar Singh. In paras 3, 4 and 5 of the affidavit he stated that the claim petition was allowed and the matter was reported to the higher authority for filing the appeal. He contacted the office of the Chief Standing Counsel in order to know the exact procedure for filing the appeal. He was informed by the office of Chief Standing Counsel that a draft of Rs. 25,000 has to be prepared, which has to be deposited in order to meet the legal formality as well as the expenses, which has to be deposited for preparation of the case. It is stated that the budget was released on 28.12.1998 and on 1.1.1999 the draft was prepared and thereafter the appeal was filed on 23.2.1999. There is no justification to take almost one year time to deposit the required amount in filing the appeal. The appellant has not sufficiently explained the delay of 273 days. The delay condonation application is dismissed.

(3.) Since the application to condone the delay has been dismissed, the appeal is dismissed barred by time. `Appeal dismissed.