JOGINDER PAL Vs. SANEH LATA AND OTHERS

JUDGEMENT

(1.) WITH the appeal against the award dated 2.12.2010 passed by learned Motor Accidents Claims Tribunal, Patiala (for short, "the Tribunal"), Joginder Pal, the appellant moved an application under section 5 of the Limitation Act for condonation of delay of 870 days in filing the present appeal. The appellant is the owner of the vehicle which was not insured at the time of the accident. He has claimed in the application that he is an illiterate person who was unaware of the consequences of the impugned award. He has also claimed that he was not aware of the fact that a part liability has been fastened upon him. He further claims that he came to know of this fact at a later stage when respondent No. 8 filed an appeal before this court and notice was issued to the appellant. He then claims to have consulted an advocate and came to know about the fact that he should also file the appeal for absolving him from the liability. The claim petition before the Tribunal was contested by Jagir Singh only. Joginder Pal, the appellant had been proceeded against ex parte which shows that he chose to stay away from the proceedings despite his service in the said petition. In the application seeking condonation of delay, he does not take the stand that he was not aware of the award, but that he was not aware of the consequences thereof and also that part liability has been fastened upon him. He does not mention in the application as to when he came to know of the filing of the appeal by the claimant. So, the date from which he claims knowledge of the necessity to file an appeal is also not mentioned in the application. The application shows that the approach of the appellant towards the matter is quite casual and in these circumstances, the delay of about 2 -1/2 years in filing the appeal cannot be condoned.

(2.) IN these circumstances, the appellant -applicant fails to show that he has sufficient cause for condonation of delay of 870 days in filing the appeal. Therefore, the application for condonation of delay is dismissed. On dismissal of the application for condonation of delay in filing the appeal, the appeal being time barred is dismissed.