The Miscellaneous Petition No.4292 of 2004 has been filed for condoning the delay of 183 days in preferring the appeal. Notice is yet to be served in spite of lapse of long period.
2. In this case, notice was ordered on 18.3.2004 by the Division Bench of this Court and private notice was also permitted. On perusal of the records, it is found that till date no batta has been paid for issuance of notice. Further more on going through the award, there appears to be no serious infirmity which requires this Court's interference on merits.
3. Considering the facts that the accident, in this case, was happened on 7.10.1995 and the award was passed on 16.9.2002 for a sum of Rs.1,35,500/-, this court is not inclined to grant further time to order fresh notice and to condone the delay after service, which will cause great prejudice to the injured claimant who is suffering prejudice as the fruits of award has not been paid to him after lapse of 7 years.
4. In such view of the matter, the petition filed to condone the delay in filing the appeal is dismissed. Consequently, the appeal is rejected in the SR stage.
ts To The Additional District Judge, Fast Track Court No.5, (The Motor Accidents Claims Tribunal), Tiruppur