SMT. MATHLESH Vs. GULAB SINGH

JUDGEMENT

(1.) This is an appeal against award dated 17.03.2009 passed by the Motor Accident Claims Tribunal, Jagadhri. The appeal has been accompanied by an application filed under section?5?of the Limitation Act, 1963 for condoning the delay of 2623 days in filing the appeal.

(2.) The facts in brief are that a motor vehicular accident took place on 20.06.2006 wherein Ram Avtar @ Dara lost his life. The accident was caused due to rash and negligent driving of TATA-407 bearing registration No. HR-64-0027. The Tribunal awarded a sum of Rs.4,15,000.00 alongwith interest @ 7.5% per annum. The present appeal has been filed for enhancement of compensation.

(3.) In the application for condonation of delay, it has been stated that the delay occurred as the applicants gave all the documents to the counsel before the Tribunal and he engaged an Advocate for them. The applicants were told that their appeal has been admitted and it will take long time. It is stated that the counsel before the Tribunal had not given any card or address of the counsel who was engaged for filing the appeal. Thereafter, in Dec. 2015, applicants approached the counsel, but he could not give any satisfactory answer. Thereafter, certified copy of the award was obtained and present appeal was filed.