Court No. - 3
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No.
- 466 of 2011 Appellant :- Bhupendra Singh Respondent :- Babli & Another Counsel for Appellant :- R.K. Gupta
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
Heard Sri R.K. Gupta, learned counsel for the appellant.
The appeal is by the owner of the vehicle against the award dated 15.10.2007 passed by the Motor Accident Claims Tribunal. The appeal is reported to be beyond time by 3 years and 69 days.
We have heard the counsel for the parties on the delay condonation application.
On perusal of the averments made in the application the appellant could not file the appeal earlier as he acquired knowledge of the award on 7.2.2011, when he was faced with the recovery for the realization of the amount awarded. Apart from the above, there is no averment at all so as to explain the delay.
It is not disputed that the appellant had the knowledge of the proceedings before the Tribunal as he was participating therein and had filed objections.
In such a situation, when it is not the case of the appellant that the award was not passed in his absence or that the counsel had not given information of the aforesaid award, it could not be believed that he came to know of it only with the initiation of the recovery proceedings.
In such situation, we do not find any plausible explanation for the delay in filing of the appeal.
Delay Condonation Application No. 95283 of 2011 is rejected and consequently, the appeal is dismissed as barred by time.
Order Date :- 30.4.2018 Noman