LAWS(HPH)-2022-11-17

KAMLA DEVI Vs. VINOD KUMAR

Decided On November 04, 2022
KAMLA DEVI Appellant
V/S
VINOD KUMAR Respondents

JUDGEMENT

(1.) By way of instant application, a prayer has been made to condone the delay of 1019 days in filing the appeal under Sec. 173 of Motor Vehicles Act, 1988 against award dtd. 1/9/2017, passed by Motor Accident Claims Tribunal-II, Kinnaur at Rampur Bushehr, District Shimla, H.P. in M.A.C. Petition No. 73-R/2 of 2016/2015.

(2.) Applicant contends that she had met the counsel representing her in the instant application in January, 2021 and was advised that the award passed by learned Tribunal was on lower side and she could take the chance of enhancement in compensation by preferring the appeal before this Court.

(3.) As per averments made in the application, the applicant had filed execution petition after passing of the award and had received the awarded amount in August, 2020. It is also submitted that applicant was under mental depression on account of death of her young son.