STATE OF PUNJAB Vs. BHAJNO

JUDGEMENT

(1.) THE State of Punjab has filed the present appeal against the award dated 22.10.1992 whereby the Motor Accident Claims Tribunal, Amritsar, awarded a sum of Rs. 1,92,000/- to the widow of late Shri Puran Chand and his five minor children and mother and since the appeal is time barred, an application Under Section 5 of the Limitation Act has been filed for condonation of delay.

(2.) WE have heard Mrs. Tuli and Shri. B.R. Mahajan and perused the period of the case.

(3.) IN order to explain the delay it has been stated that after receipt of the certified copy of the award, the District Attorney opined in favour of filing of the appeal. His opinion was concurred by the Legal Remembrancer, Punjab and instructions were sent to the Advocate General, Punjab vide memo No. 73/CO/23(377)88 dated 29.1.1993. On receipt of the said memo, the Advocate General wrote letter dated 2.2.1993 to the Director General of Police, Punjab for supply of court fee and Rs. 25,000/ - to be deposited in the Court. This letter was received on 4.2.1993 in the office of the Director General of Police. Thereafter, the case remained under scrutiny with the Law Officers of the office of the Director General of Police upto 11.2.1993 and a final decision regarding filing of the appeal was conveyed to the Senior Superintendent of Police, Ferozepur though TPM dated 12.2.1993. Advocate General vide his TPM dated 15.2.1993 again asked the Senior Superintendent of Police, Ferozepur to deposit Rs. 25,000/ -. Thereafter the bill was prepared on 16.2.1993 and was sent to the treasury. The amount was withdrawn on 23.2.1993. Constable Gulab Singh of Police Lines, Ferozepur came to Chandigarh and gave the amount to the office of the Advocate General, Punjab on 2.3.1993 and the appeal was filed on 3.3.1993. On the basis of these facts, it has been pleaded that delay in the filing of the appeal has been explained and there is no negligence on the part of the appellants in prosecuting the appeal.