SAVITRI DEVI Vs. MADAN LAL BHARDWAJ AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the award dated 16.8.2011 rendered by the Motor Accident Claims Tribunal, Bilaspur in M.A.C. No. 47 of 2008. It is barred by 489 days. The appellant has filed separate application for condonation of delay.

(2.) According to the averments contained in the application, the certified copy of the award was applied on 18.8.2011. The copy was attested on 27.8.2011 and delivered to the applicant on 27.8.2011. An appeal was to be filed within a period of 90 days. However, the fact of the matter is that there is a delay of 489 days. There is inordinate delay in filing the appeal. The reasons assigned in the application are not sufficient. The only reason assigned in the application is that the appeal could not be filed as the learned Advocate advised not to file the same.

(3.) It is true that the Court ought to be very liberal while considering the applications under section 5 of the Limitation Act, but at the same time the valuable rights accruing to the opposite party cannot be ignored. The applicant has not assigned sufficient reasons for the condonation of delay.