Rajesh Kumar v. Krishan And Others

FAO-2545-2023 (O&M) 2023:PHHC:075098

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM-9128-CII-2023 in/and FAO-2545-2023 (O&M) Date of Decision: 16.05.2023 Rajesh Kumar ....Appellant

Versus

Krishan and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Ketan Antil, Advocate for the applicant/appellant.

*** ARUN MONGA, J. (ORAL) Appellant before this Court is owner of offending vehicle challenging award dated 16.09.2021, rendered by learned Motor Accidents Claims Tribunal, Sonipat, whereby a meagre amount of compensation of Rs.61,000/- along with interest @ 7.5% per annum was awarded to respondent No.1/claimant and appellant was held jointly with proforma respondent No.3-driver, to pay the compensation on account of injury suffered by claimant in a motor vehicular accident that took place on 27.01.2019.

2.

Along with the appeal, appellant has also preferred an application bearing CM No.9128-CII-2023 for condonation of delay of 342 days in filing the appeal.

ASHISH 2023.05.26 17:51 I attest to the accuracy and integrity of this judgment/order

FAO-2545-2023 (O&M) 2023:PHHC:075098 3.

No worthwhile reasons have come forth to condone the colossal delay of 342 days in filing the instant appeal. It appears that having acquiesced to the Award passed for almost a year, appellant did not voluntarily pay the compensation awarded to the claimant and it is only when the claimant filed an execution petition, as an afterthought the present appeal has been filed.

4.

In the premise, application for condonation of delay of 342 days in filing the appeal is dismissed. Since the application for condonation of delay is dismissed, the appeal also stands dismissed being time barred. 5.

Pending application(s), if any, shall also stand disposed of. ( ARUN MONGA ) JUDGE May 16, 2023 ashish Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHISH 2023.05.26 17:51 I attest to the accuracy and integrity of this judgment/order