SUPREME TRANSPORT Vs. SUMAN DEVI

JUDGEMENT

(1.) Heard Shri Aftab Zaki Khan, learned counsel for the appellant.

(2.) This highly belated F.A.F.O. under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred against the judgment and order dtd. 1/1/2014 passed in claim petition no.276 of 2012 (Suman Devi Vs. M/S Supreme Transport Company and Another) under Sec. - 165, 166 and Sec. 140 of Motor Vehicle Act, 1988 by Motor Accident Claim Tribunal/ District Judge, Lucknow alongwith an application for condonation of delay in filing appeal.

(3.) The office has reported a delay of 3107 days in filing the appeal. The appeal under Sec. 173 of Motor Vehicles Act, 1988 may be preferred within ninety days from the date of award. Second proviso to Sec. 173 provides that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. Therefore, this Court has to see as to whether the appellant was prevented by sufficient cause from preferring the appeal within time or not.