YASHPAL SINGH Vs. GEETA DEVI AND 6 OTHERS

JUDGEMENT

(1.) Heard learned counsel for applicant-appellant and perused the record.

(2.) This appeal under Section 173 of Motor Vehicles Act, 1988 has been filed with a delay of one year and 303 days. The only explanation given in affidavit accompanying delay condonation application filed under Section 5 of Limitation Act, 1963 (hereinafter referred to as "Act, 1963") is that appellant believe that Insurance Company will make payment and hence could not approach the Court. The explanation given in paras 2, 3, 4, 5 and 6 of affidavit, reads as under:

(3.) That, since the claim petition was jointly allowed in favour of the claimant/ respondent No. 1 to 5 against the defendant/ appellant as well as against respondent No. 7 and the defendant/ appellant was in view that the insurance company will pay money to the claimant/ respondent No. 1 to 5 therefore he could not approached to this Hon'ble Court within time.