In an S.B. Civil Miscellaneous Application under Section 5 of the Limitation Act, the High Court considered condonation of delay in filing an appeal against an ex-parte award in a motor vehicle accident compensation case. The court dismissed the application due to lack of cogent reasons for the 935-day delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 1128/2018
In
S.B. Civil Miscellaneous Appeal No. 2326/2018
Versus
----Respondents
For Applicant (s) : Mr. Ashish Saini
HON'BLE MRS. JUSTICE SABINA
Judgment
16/04/2019
This application has been filed under Section 5 of the Limitation Act, seeking condonation of delay in filing the appeal.
I have heard learned counsel for the applicants and have gone through the record available on the file carefully.
(2 of 2)
[CMA-2326/2018]
In the present case, claimants had filed the claim petition under Section 166 of the Motor Vehicle Act, 1988, seeking compensation on account of death of Heeralal in the motor vehicle accident, which had occurred on 09.04.2013. Notice of the same, was issued to the present applicants as well as the Insurance Company. Applicants failed to appear before the Tribunal, despite service. Hence, ex-parte proceedings were initiated against them.
Tribunal vide award dated 07.07.2015 allowed the claim petition filed by the claimants. Insurance Company was exonerated from indemnifying the insured and it was further directed that in the first instance, Insurance Company shall pay the amount of compensation to the claimants and thereafter, would be at liberty to recover the same from the owner/driver of the offending vehicle.
The present appeal has been filed after a delay of 935 days. In the application for condonation of delay, no cogent reasons have been given as to why the delay in filing the appeal be condoned.
I am conscious of the fact that while filing an application for condonation of delay, a liberal approach is liable to be adopted. However, some cogent reasons are required to be given by the applicants, justifying the delay in filing the appeal. From the reading of the application, it does not transpire that the delay in filing the appeal was bona-fide or justified.
Accordingly, application is dismissed. Consequently, appeal is dismissed being time barred.
(SABINA)J.
Sudha/32
2 issues framed by the court
Whether the delay of 935 days in filing motor vehicle accident compensation appeal can be condoned due to lack of cogent reasons.
Whether the application under Section 5 of the Limitation Act for condonation of delay deserves allowance.
1 provisions across 1 enactments
Sharwan Kumar and Ors.
Ranjana Kothari and Ors.
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
