GIRRAJ SHARMA Vs. NANDKISHORE

JUDGEMENT

(1.) The miscellaneous appeal under Sec. 173(1) of the Motor Vehicles Act, 1988, has been filed by the appellant/claimant being aggrieved by the award dtd. 12/7/2017 passed by the Third Additional Motor Accident Claims Tribunal, Morena, in Claim Case No.86 of 2016, whereby the claim petition filed by the appellant seeking compensation for injuries sustained in a motor accident was dismissed.

(2.) Along with the appeal, the appellant has filed I.A.No. 956 of 2019, an application under Sec. 5 of the Limitation Act, seeking condonation of delay in filing the appeal. Although the office note initially calculated a delay of 128 days, the appellant in his application admits to a total delay of 511 days in preferring this appeal.

(3.) The contention of the appellant is that the delay occurred primarily due to the negligence and misleading assurances of his former counsel, Shri Nathuram Sharma. It is submitted that the counsel repeatedly informed the appellant that an appeal had already been filed before this Court at Gwalior. It was only on 1/3/2019 that the counsel admitted no such appeal was filed and returned the case file. Thereafter, the appellant contacted a new counsel and filed the present appeal on 5/3/2019. It is argued that a litigant should not suffer for the mistake or inaction of their advocate.