HASTIMAL Vs. JAGDISH

JUDGEMENT

(1.) Heard on I.A. No. 9989 of 2007. This is an application made by the appellant -claimant under Section 5 of the Limitation Act for condonation of delay in filing this appeal filed by him under Section 173 of the Motor Vehicles Act against an award dated 6.4.2005 passed by learned First Additional Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 278 of 2003. According to the appellant as also from the noting of the office, the delay in filing appeal is of 833 days. In other words, the appeal is filed beyond the period of limitation by 833 days. Notice of this application was issued to the respondents. They are duly served and represented.

(2.) THE facts in brief need to be mentioned to appreciate the issue involved in this appeal as also in the application under consideration.

(3.) ALMOST after one year of the rejection of the first claim petition referred supra, the claimant filed second claim petition, out of which this appeal arises. In the claim petition, the claimant again on the same cause of action claimed compensation for the alleged injuries sustained by him in the accident which according to him had occurred on 29.9.1998. In the claim petition, the claimant did not disclose this fact that he had earlier filed the claim petition and the same came to be dismissed by the Tribunal by order dated 11.3.2002. In other words, the claimant suppressed the fact of filing of the claim petition on the earlier occasion and its consequent dismissal by the Tribunal on 11.3.2002. On an objection being raised by the respondent, the Tribunal by impugned award dismissed the claim petition as being not maintainable as barred. It is against this award of dismissal of the claim application, the claimant has preferred this appeal. As stated supra, this appeal was filed beyond limitation by 833 days and hence, an application is made for condonation of delay under Section 5 of the Limitation Act.