SHAIK PASHA Vs. SHAIK ILYAS AND ANOTHER

JUDGEMENT

(1.) In this petition filed under Sec. 5 of Limitation Act, petitioner/claimant seeks to condone the delay of 363 days in filing the appeal. The appellant is the claimant in O.P.No. 1441 of 2004 on the file of MACT-cum-III Additional District Judge (Fast Track Court), Nizamabad and he filed the said claim petition seeking compensation of 2, lakhs for the injuries sustained by him in the motor vehicle accident and the Tribunal after enquiry awarded 25,625.00 as compensation against respondents 1 and 2, who are the owner and insurer of the offending vehicle. Aggrieved, claimant filed the instant appeal challenging the adequacy of compensation. In filing so, delay of 363 days was occurred. Hence, the instant petition.

(2.) His submission is that after judgment in O.P.No. 1441 of 2004 he requested his counsel to apply for certified copies of judgment and decree and thereafter he could not meet his counsel due to financial constraints and later he took loans from his relatives and friends and met his counsel and obtained certified copy from his counsel and proceeded to Hyderabad and filed the present appeal and in that process, delay of 363 days was occurred which is neither wilful nor wanton. He thus prayed to allow the petition.

(3.) R2/Insurance Company filed counter and opposed the petition on the ground that the affidavit filed by the petitioner is vague and no proper reasons were given to condone the delay and that the petitioner failed to give reason for day-today delay. Hence, petition may be dismissed.