LAWS(RAJ)-2014-12-14

POORAN SINGH Vs. BHOOR SINGH

Decided On December 03, 2014
POORAN SINGH Appellant
V/S
BHOOR SINGH Respondents

JUDGEMENT

(1.) MR . Chaitanya Gehlot, for the appellants. Appellants have preferred this appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short, 'the Act of 1988') challenging the judgment and award dated 18 th May, 2012 passed by the Motor Accident Claims Tribunal First, Rajsamant (for short, 'the learned Tribunal'). The learned Tribunal, by the award impugned, has awarded compensation to the tune of Rs.2,85,000/ - to the respondents -claimants, while adjudicating their claim petition under Section 166 of the Act of 1988.

(2.) THE instant appeal is filed by the appellant belatedly and as per office report, it is barred by limitation of 818 days. The appellants have made endeavour to seek condonation of delay by laying application under Section 5 of the Limitation Act. The averments made in the application are as under : -

(3.) LEARNED counsel for the appellant, Mr. Gehlot, has argued that delay in filing this appeal is due to bona fide reasons, and therefore, in the interest of justice, the same is liable to be condoned. Mr. Gehlot further submits that while condoning the delay Courts are required to be construe the term "sufficient cause" liberally for doing substantial justice. Lastly, Mr. Gehlot has urged that considering rural background of the appellants, some latitude be given to the appellants for condonation of delay.