ABESHA KAREAM Vs. MOHD. IBRAR

JUDGEMENT

(1.) This application is for condoning the delay of 114 days that has occurred in filing the main appeal. Notice of the application was served upon respondents No.1 and 2, but none appeared on their behalf. They were proceeded ex parte.

(2.) The impugned award was announced by the learned Motor Accident Claims Tribunal on 27/5/2023. As per the averments made in the application:- The applicants at the time of institution of the claim petition were minors; Applicant No.2 is still a minor; The claim petition was preferred by the applicants through their grandmother, an aged lady who was not keeping good health and as such, she could not timely discuss the matter of filing the appeal against the award with the learned counsel representing the applicants before the learned Tribunal. For this given reason, the delay is stated to have been caused in instituting the main case.

(3.) Taking into consideration above reason and in the interest of justice, the delay in filing the appeal is condoned. The application is accordingly allowed and to stands disposed of.