SAROJ Vs. BALJEET SINGH

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act, 1963 (for short 'the Act') for condonation of delay of 447 days' in filing of the appeal. Notice in the application was issued to which a reply has also been filed.

(2.) Learned Counsel for the applicants has submitted that the applicants are poor rustic villagers who were unaware of the procedure of filing the appeal, therefore, the same could not be filed within time. However, there is a merit in their appeal. It is submitted that meritorious matter may not be dismissed as threshold as held by the Supreme Court in the case of "Collector, Land Acquisition, Anantnag and Anr. v. Mst. Katiji and Ors.", 1987 AIR(SC) 1353. On merits, it is submitted that this case is fully covered by the decisions of this Court in the cases of FAO No. 977 of 2007 (O&M) titled as "Sheela Devi and Ors. v. The District Forest Officer, Sonipat and Anr." decided on 28.2.2008, FAO No. 2084 of 2008 titled as "ICICI Lombard General Insurance Company Limited v. Smt. Sanjida and Anr." decided on 2.12.2009 and FAO No. 3844 of 2008 titled as "Sadhu Ram v. Dakshin Haryana Bijli Vitran Nigam Ltd. Old Rohtak Road Sahkurbasti, New Punjabi Bagh, through its Chief Engineer and Ors.", decided on 25.02.2010, as the point involved in all these appeals is similar to the effect that complainant would be entitled to interest on the amount of compensation not from the date of adjudication but from the date of accident.

(3.) On the contrary, learned Counsel for the respondents has submitted that the interest has to be calculated from the date of adjudication as decided by the Supreme Court in the case of "National Insurance Company Limited v. Mubasir Ahmed and Anr.,2007 146 PunLR 188.