The High Court dismissed an application under Section 5 of the Limitation Act to condone a 3028-day delay in filing a motor accident appeal. Citing lack of documentary evidence, the court allowed no merits and dismissed the appeal.
Application under Section 5 of Limitation Act dismissed; Appeal and pending applications dismissed.
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[2023/RJJP/004427]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3198/2014
Chaturbhuj S/o Omkaar Lal, by Caste Meena, R/o Canal Link Road, Kesar Bagh, Kota (Raj.)
----Appellant
Versus
----Non-Claimants/Respondents
For Appellant(s) : None present For Respondent(s) : None present
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
17/03/2023
The appellant has filed the preset appeal under Section 173 of the Motor Vehicles Act against the award dated 23.02.2006 passed by Addtional Sessions Judge (F.T.) No.2, Motor Accident Claim Tribunal, Kota for enhancing the compensation in claim case No.348/2005 whereby the claim petition filed by the appellant was partly allowed in his favour with the award of Rs. 43,964/-.
This appeal was filed before this Court on 03.11.2014 and office has reported that the appeal is barred by 3028 days.
The appellant has filed the application under Section 5 of the Limitation Act for condoning the delay in filing the appeal.
In the application it is mentioned that appellant was under shock and depression and he could not contact his counsel for
[2023/RJJP/004427]
[CMA-3198/2014]
(2 of 2)
filing the appeal and delay has occurred due to reasons beyond his control.
The reasons mentioned in the application are without any supportive documents. Appellant has not submitted anything on record to indicat his mental status showing him under depression. The delay of 3028 days itself is sufficient that appellant is negligent towards his rights and the reasons mentioned in the application for condoning the delay is not corroborated by any documents.
Thus, without going into the merits of the appeal and looking to the delay of 3028 days in filing the appeal. I do not inclined to allow the application filed under Section 5 of the Limitation Act.
Consequently, the application filed under Section 5 of the Limitation Act is dismissed.
The appeal as well as all the pending applications also stands dismissed.
(PRAVEER BHATNAGAR),J
Dharmendra Rakhecha 715/
2 issues framed by the court
Whether special leave to file the appeal should be granted despite a delay of over 3028 days.
Whether the reason of shock and depression for delay is substantiated by medical documents.
2 provisions across 2 enactments
Chaturbhuj S/o Omkaar Lal
Insaar S/o Mumtaz Bhai
Krishnanand S/o Madan Gopal
Branch Manager, United India Insurance Company
PRAVEER BHATNAGAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
