Saurav v. Anuj Kumar And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CM-10924-CII-2025; CM-10923-CII-2025 in/and FAO-3425-2025 (O&M) Date of Decision.:29.08.2025 Saurav .....Appellant Vs.

Anuj Kumar and Others .....Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Ashwani Arora, Advocate for the appellant.

**** DEEPAK GUPTA, J. (ORAL) Claim petition under Sections 166 and 140 of the Motor Vehicle Act seeking compensation on account of injuries sustained by the appellant was disposed of by learned MACT, Panipat on 28.09.2023 awarding compensation of ₹3,01,080/- along with interest. 2.

Seeking enhancement in the compensation amount, the present appeal has been filed, accompanied by an application bearing No.CM-10924-CII-2025 to condone the delay of 392 days in filing the appeal; and another application bearing No.CM-10923-CII-2025 to condone the delay of 76 days in re-filing the appeal. 3.

It is submitted that appellant came to know that appeal could be filed only after getting the amount of compensation from the Tribunal and that it is only after release of the amount to him by the Tribunal on 03.08.2024 that he engaged the counsel for filing the appeal for enhancement of compensation and that it caused delay of 392 days. 4.

The grounds as pleaded by the appellant for seeking NEETIKA TUTEJA 2025.09.01 17.32 I attest to the accuracy and integrity of this document

CM-10924-CII-2025; CM-10923-CII-2025 in/and FAO-3425-2025 (O&M) -2condonation of delay of more than one year are absolutely not justiciable. The appellant was duly represented by his counsel before the learned Tribunal. At the time of filing the petition, he was minor and had been sued through his father Sh. Azad as his next friend/natural guardian. In these circumstances, this Court does not find any justification so as to condone the long delay.

5.

Consequently, the applications for condoning the delay are dismissed and consequent thereto, the appeal is also dismissed being barred by limitation.

(DEEPAK GUPTA) JUDGE August 29, 2025 Neetika Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.09.01 17.32 I attest to the accuracy and integrity of this document