NOOR MOHAMMED Vs. SATISH KUMAR

JUDGEMENT

(1.) These appeals have been filed against the order dated 14.2.2001 passed in S.B. Civil Misc Appeal Nos. 1553/1999 and 1654/1999 by a learned Single Judge of this Court, by which the appeals have been dismissed being time-barred by 1625 days having shown no sufficient cause.

(2.) The matter originated from the proceedings under the provisions of the Motor Vehicles Act, 1988 as the victims of the accident filed Claim Petition Nos. 480/1989 and 482/1989 before the Motor Accident Claims Tribunal and the Tribunal issued notices to the appellant as well as other parties. Inspite of service, the appellant did not enter appearance and he was proceeded ex parte. After hearing the other parties, the Award was made on 13.2.1995 in both the claim petitions. Appellant preferred first appeals against the said Award, which have been dismissed by the learned Single Judge vide impugned judgment and order dated 14.2.2001 being hopelessly time-barred and not showing any sufficient cause. Hence these special appeals.

(3.) Mrs. Naina Saraf, learned Counsel for appellant, has vehemently submitted that these were the fit cases wherein the learned Single Judge ought to have condoned the delay of 1625 days and entertained the appeals on merit. However, she has been fair enough in admitting the factual position that the appellant had received the notices from the Tribunal and did not enter appearance for the reason that he handed over the notice to other person, viz., Nawab Khan and believed that Nawab Khan will take care of the cases. It is not a case where the ex parte award qua the appellant had been made without serving notice upon him.