JAHOOR KHAN Vs. RAMVARAN

JUDGEMENT

(1.) Heard on the question of admission. Records of the case is perused. 1. This Miscellaneous Appeal at the instance of the respondents under Section 173(1) of the Motor Vehicle Act, 1988 is directed against the impugned Award dated 18/04/2012 in Claim Case No. 20/2012 (claim dispute) by the President, Motor Accident Claims Tribunal, Morena (M.P.).

(2.) Heard on IA No. 53/2016, an application under Section 5 of the Limitation Act filed by the appellants for condonation of delay in filing the appeal. The appeal is drastically barred by 1265 days.

(3.) I have gone through the application for condonation of delay, the counsel for appellants submitted that the Award was passed on 18/04/2012 and the appeal for enhancement was required to be filed within 90 days from the date of award but same could not be filed, as the appellants are illiterate persons and did not have any knowledge about the law. On 20/12/2015 when they contacted the lawyer, then they were informed that appeal could have been filed against the Award and on the advice of the counsel, the appeal was drafted on 18/12/2015. But due to winter vacation, the same could not be filed. Ultimately, the appeal was filed on 04/01/2016 and, therefore, the delay in filing the appeal may be condoned.