UNION OF INDIA Vs. GHULAM QADIR MIR

JUDGEMENT

(1.) M.A.C.T., Srinagar in the Claim Petition No. 52 of 1995 had allowed the claim in the sum of Rs. 2,27,000 with 9 per cent interest from the date of application till realisation against the applicant before this court and respondent before M.A.C.T., in respect of the vehicular accident that took place on 30.7.1995, when respondent No. 3 was on the steering of the CRPF vehicle bearing registration No. DL JL 1724. The Motor Accidents Claims Tribunal order dated 9.9.2002 shows that the respondents have participated in the proceedings. The claim is contested. Written statement is filed and issues are raised. Parties have led evidence and examined witnesses. The award was pronounced in the presence of the counsel for the parties. Against this award of the M.A.C.T., respondent has filed CIMA on 3.4.2003, along with an application for condonation of delay of 100 days in filing the appeal.

(2.) The ground set out in the application seeking condonation of delay and as also focused on during submissions is that the matter had to be examined by the legal cell of Ministry of Home Affairs which took some time. Besides the officials of defence services could not move frequently in the present disturbed conditions of the State and particular in valley so as to follow the case regularly: Besides the order is bad in law and to do justice it is necessary to condone the delay and examine the main matter on merits.

(3.) Objections have been filed by the other side and the sufficiency of cause for condonation of delay is contested. It is stated that no specific reason or grounds have been given to explain the delay. Whatever is stated and placed before the court is so stated vaguely. It does not commend to reason that if the people of defence services could not move to pursue the case regularly, who else could pursue the case regularly. The mince of the meat is that the matter including appeals and applications under service laws are being followed regularly in courts.