NEHA AND ANOTHER Vs. HARBHAJAN SINGH AND OTHERS

JUDGEMENT

(1.) An appeal has been filed against the award dated 8.5.1997 with the delay of 5292 days. The appeal was filed on 1.2.2012.

(2.) Along with the appeal, an application for condonation of delay had been filed and it is necessary to see the grounds disclosed. The appeal was filed only by two of the claimants. The claim petition had been filed by Sita Rani and her three minor children aged 11, 13 and 15 years in October 1996 relating to the death of Shish Pal. The accident occurred on 15.4.1996. Along with Sita Rani, her in-laws were also arrayed as petitioners. The claim petition was allowed on 8.5.1997. The compensation was to be shared by all the petitioners.

(3.) Reverting to the facts given in the application. The applicants have averred that they had received the amount of the fixed deposit receipt on 9.1.2012 and prior to that they were minors and were not aware of the technicalities of law and now they had come to know that they can file an appeal, therefore the delay be condoned. Another fact was introduced that Neha was handicapped and Sukant was still going to school. It is on these sketchy facts that the application was filed. An affidavit of Sukant one of the petitioners, was appended and his age was not mentioned in the affidavit or in the application.