MAHAVEER Vs. SAROJ

JUDGEMENT

(1.) The matter comes up for consideration of application (S.B.Civil Misc. Application No.432/2015) preferred on behalf of the appellants under section 5 of the Limitation Act with a prayer for condoning the delay of 183 days in filing the appeal against the judgment and award dated 05.01.2015 passed by the Motor Accident Claims Tribunal, Hanumangarh (for short 'the tribunal' hereinafter) in MAC Case No.203/2007. In the application, following averments have been made:

(2.) It is noticed that when the appellants did not put in their appearance before the tribunal despite service of notice of the claim petition, the tribunal proceeded exparte against them on 19.09.2007. In the application under section 5 of the Limitation Act, the appellants have admitted the service of notice of cliam petition upon them but have simply said that both the appellants could not engage their counsel before the tribunal due to family members. In the opinion of the Court, the reason given by the appellants for condoning the delay in filing the appeal is not only vague but unconvincing also.

(3.) Hence, no case for condoning the delay in filing the appeal is made out. The application preferred on behalf of the appellants under section 5 of the Limitation Act for condoning the delay in filing the appeal is, therefore, dismissed. Consequently, the appeal as well as the stay petition also stand dismissed.