NIJRI Vs. SAFAT KHAN

JUDGEMENT

(1.) Aggrieved of the award dated 7.1.2008 passed by the Motor Accident Claims Tribunal, Gurgaon, (hereinafter referred to as 'the Tribunal'), the present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), seeking enhancement of compensation awarded under Section 166 of the Act.

(2.) The appeal is accompanied by an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 3855 days in filing the appeal. The explanation put forth for condonation of delay is that the documents were handed over to Sh. Vipul Aggarwal, Advocate, for filing the appeal and thereafter, the applicants-appellants tried to contact the counsel to know the fate of their appeal but failed to contact.

(3.) The explanation put forth is not sufficient to condone the delay of more than ten years. It is highly improbable that for ten years, the applicants-appellants will sit home without contacting their advocate. No effort was made even otherwise to check whether the appeal was filed or not. Such unsatisfactory explanation cannot be accepted. It clearly emerges that there was negligence on the part of the applicants-appellants to pursue their appeal.