SHASHI DEVI TOMAR Vs. MUKESH SIGNH TOMAR

JUDGEMENT

(1.) The instant miscellaneous appeal under Sec. 173(1) of the Motor Vehicles Act, 1988, has been filed by the appellants/claimants seeking enhancement of the compensation awarded vide impugned Award dtd. 20/7/2018 passed by the Third Additional Motor Accident Claims Tribunal, Gwalior, in Claim Case No.234 of 2016, whereby the Claims Tribunal has awarded a sum of Rs.13,33,440.00 in favour of the claimants.

(2.) Along with the appeal, the appellants have filed I.A. No. 1085 of 2019, an application under Sec. 5 of the Limitation Act, seeking condonation of a 138-day delay in filing the appeal.

(3.) It is contended by the learned counsel for the appellants that the delay is bona fide as the appellants had no prior information regarding the passing of the impugned Award on 20/7/2018. It is further submitted that the appellants became aware of the Award only at the time of the first disbursal of the compensation amount, following which they immediately filed the present appeal on 13/3/2019. Learned counsel for the respondent-Insurance Company, on the other hand, submitted that the reasons assigned for the delay are vague and unsubstantiated. The appellants were duly represented by counsel before the Claims Tribunal and were participants in the proceedings; therefore, the plea of lack of knowledge is factually incorrect and cannot constitutes "sufficient cause" within the meaning of Sec. 5 of the Limitation Act.