VIJAY BATRA Vs. PUNJAB ROADWAYS, NAWANSHAHAR

JUDGEMENT

(1.) CM No.13843 -CII of 2013 Applicant -appellant Mrs.Vijay Batra has filed this application under Section 173 of the Motor Vehicles Act, 1988 read with Section 5 of the Limitation Act for condonation of delay of 1990 days (excluding 90 days of limitation) in filing the appeal. It is mainly stated in the application that claimant -applicant had suffered serious head injury in the accident. She remained in PGI for more than a month and had to undergo life saving brain surgery.

(2.) AFTER the surgery, the claimant survived but became disabled and dependent due to full body disability. Her disability is certified to be 34% full body, both physical and mental. It is further stated that the Award was passed on 10.09.2007 by learned Motor Accidents Claims Tribunal, Chandigarh. The claimant had no knowledge of passing of the said order as none was appearing on her behalf and she also did not receive any copy of the order. It is also stated that even claimant's husband is more than 65 years old, who had to attend the claimant, in addition to house and shop and he was unwell and depressed and could not attend the Court proceedings. It is further stated in the application that applicant during November 2011 learnt about the dismissal of the claim and then got applied for the certified copy of the order and after collecting the record of PGI, FIR and record of the trial Court, this appeal has been filed. It is also stated in the application that if the delay is not condoned, then the applicant -claimant will suffer irreparable loss.

(3.) NOTICE of this application was given and learned State counsel appeared on behalf of respondents No.1 and 2 and filed reply contesting the application. In the reply, it is submitted that claimant has got no prima facie case nor the balance of convenience lies in her favour and appeal is hopelessly barred by time and deserves to be dismissed.