CHHOTI AND ANOTHER Vs. HEM CHAND AND OTHERS

JUDGEMENT

(1.) The present application has been filed for condonation of delay of 410 days in filing the appeal. The respondents Nos. 1 to 3 have filed the reply to the application for condonation of delay. The unfortunate mother and minor sister lost a son/brother aged 18 years in a motor vehicular accident. From the perusal of the award, it is evident that claimants were not able to prove the income of the deceased. In the application a ground has been taken that the claimants were not having enough financial resources to engage a counsel for filing of the appeal. It was only in March 2014, when they got the awarded compensation then they collected the documents and engaged a counsel for filing the appeal. In all this a delay of 410 days occurred.

(2.) The present proceedings are under a welfare legislation. The delay appears to be bona fide as the claimants would not have gained anything by delaying the filing of the appeal.

(3.) The Hon'ble Apex Court in judgment reported as N. Balakrishan v. M.Krishnamurthy 1998(7) SCC 123 has held as under:-