STATE OF UTTAR PRADESH Vs. BHABUL SINGH

JUDGEMENT

(1.) Mr. P.K. Bisaria is heard on the question of condonation of delay in filing the appeal.

(2.) Admittedly the appeal has been filed beyond 135 days of the period of limitation. While explaining the delay an application under Section 5 of the Limitation Act has been filed.

(3.) It is contended that the Motor Accidents Claims Tribunal, Muzaffarnagar passed an award on 4.4.1996 against the appellants, State of U.P. and Ors. and an application for certified copy of the award was made on 10.4.1996. The certified copy of the award was delivered on 17.4.1996. However, the appeal is filed on 19.11.1996 and that is why the appeal became barred by limitation. Since the certified copy was delivered on 17.4.1996 the appeal could have been filed by 7.7.96 which was the last date of limitation.