GURCHARAN SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) The Motor Accident Claims Tribunal, Jammu in claim petition filed by the respondent herein has awarded compensation to the extent of 1.40 lacs payable by the petitioner herein vide order passed on 17/03/1986. Petitioner has filed appeal against the said award. Along with Appeal he has filed the present application for condonation of delay.

(2.) The petitioner has alleged in this application that he applied for copy of the award on 19/03/1986 and copy was delivered to his father on 27-3-1986 after which he entrusted the same to Shri B. K. Bhasin, Advocate who was his counsel, along with affidavit and vakalatnama. He has further alleged that he was told by his Advocate that appeal had been filed. He did not receive any notice about the case and became suspicious and requested the Advocate to accompany him to the High Court Registry to find out present position of the appeal on which the advocate asked him to come to his residence on 9-1-1986. Petitioner's further plea is that on 9-1-1987 when he went to the house of his advocate at Sarwal he was not available but his wife delivered him the file containing copy of judgment, Vakalatnama and affidavit pointing out that no appeal had been filed. On the same day he engaged Shri H.L.Bhagotra advocate and explained all circumstances to him who filed the appeal and present application. He has further alleged that he was misled by his counsel, Shri B.K.Bhasin who not only got vakalatnama, copy of judgment and affidavit but also fee of the case and in spite of that he kept him in dark.

(3.) Respondent has filed objections opposting the application of the petitioner and denying his allegations. According to him the applicant has not been able to make out a sufficient cause for condoning the delay.