Bhagat Singh v. Balram

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Appeal (C) No.1199 of 2016

1. Bhagat Singh S/o Ramnath Dehari, Aged About 38 Years R/oVillage- Podgaon, Police Station And Tahsil- Antagarh, DistrictNorth Bastar Kanker, (Chhattisgarh).

2. Smt. Shashilata, W/o Bhagat Singh Dehari, Aged About 37 Years R/o- Village- Podgaon, Police Station And TahsilAntagarh, District- North Bastar Kanker, (Chhattisgarh),...... (Claimants).

---- Appellants

Versus

1. Balram S/o Thakur Prasad Upadhyay, Aged About 42 Years R/oVillage- Hatakchora, Jagdalpur, Police Station- Bodhghat, Tahsil And District- Jagdalpur, (Chhattisgarh),.....(Driver Of Alleged Offending Vehicle Bearing Registration C.G.-17-H-0724).

2. Prashant Singh, S/o Raikumar Singh, R/o- Village- Hatakchora, Jagdalpur, Police Station- Bodhghat, Tahsil And DistrictJagdalpur, (Chhattisgarh),......(Owner Of Alleged Offending Vehicle Bearinbg Registration C.G.- 17-H-0724).

3. Shriram General Insurance Company Limited, Through Branch Manager, Branch Office, Plot No. 11, Maruti Heights Dealership, G.E. Road Raipur, District- Raipur, (Chhattisgarh),......(Insurer Of Alleged Offending Vehicle Bearing Registration C.G.-17-H0724),......(Non-Applicants). ---- Respondents For appellant : Shri AL Singroul, Advocate on behalf of Shri Anil Gulati, Advocate.

Notice issued to respondents 1 & 2 is awaited. Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 03.11.2016.

Heard.

2.

This is a claimant's appeal for enhancement of award amount passed on 25.4.2015 in Claim Case No. No.02/14. The instant appeal has been preferred after 397 days of its limitation.

3.

Heard on IA No.01/16 for condonation of delay in filing the appeal.

4.

It is submitted on behalf of the appellants that the appellants were not aware of the award passed on 25.4.2015 and when the claimants approached their local counsel, they came to know about the passing of the award. On account of sudden demise of the son of the appellants and also the appellants are residing in the remote area of District North Bastar Kanker, and more over due to paucity of fund they could not approach the Court within the period of limitation. Hence, the delay is bonafide and the same may be condoned.

5.

Perused the impugned award and IA No.01/16.

6.

The appellants have not stated anything regarding the fact that whether their counsel had received the copy of the award or they received the copy of the award sent by the Claims Tribunal as provided under Section 168(2) of the Motor Vehicles Act, 1988. The appellants have also not disclosed the fact whether in compliance of award dated 25.4.2015, compensation amount has been disbursed and received by the appellants or not which goes to show that the appellants have not filed the application (IA No.01/16) including the instant appeal with clean hands. The appellants have failed to demonstrate satisfactory reason for their bonafide delay occurred in filing the instant appeal. Consequently, this Court is of the opinion that no case is made out on facts for condonation of delay in filing the appeal. The

application is thus liable to be dismissed and is accordingly dismissed.

7.

As a consequence, the appeal too is dismissed as being barred by time.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini