SHYAM LAL Vs. SHRIRAM GENERAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The applicant/appellant is the owner upon whom the entire liability to pay compensation alongwith interest has been fastened upon by the learned Motor Accident Claims Tribunal and aggrieved thereby he has filed an appeal, which is time barred

(2.) By medium of this application, the applicant has sought condonation of 1 year and 16 days delay that has crept up in filing of the appeal. It is averred that the award under challenge was passed by the learned Tribunal on 6/12/2016 and a copy thereof was promptly applied on 8/12/2016 by the counsel, who accordingly informed the applicant on 22/12/2016 and asked him to meet in his office. However, on account of family problems, the applicant could not contact his counsel and when he contacted him in the last week of February, 2018, he was informed that the learned Tribunal below has fastened the entire liability of compensation on him. He further informed that he has even lost the period of limitation to file the appeal. On coming to know this, the applicant did not initiate any further action in this behalf.

(3.) In the month of February, 2018, the applicant/respondent No. 1 received a notice from the learned Motor Accident Claims Tribunal, Bilaspur, whereby he came to know with regard to the execution of the impugned award dtd. 6/12/2016. Thereafter, he collected the papers from the office and promptly filed the appeal on 6/4/2018.