Chandedr Singh @ Chander Bhan And ANR v. Mohinder Masih

FAO No.1362 of 2013 (O&M)



   
  FAO No.1362 of 2013 (O&M) Date of Decision:23.02.2015 Chander Singh alias Chander Bhan and another $.Appellants

Versus

Mohinder Masih and others $.Respondents      




Present:

Mr. V.S. Punia, Advocate for the appellants.

Mr. Sukhdarshan Singh, Advocate for respondent No.3New India Assurance Company Ltd.  

 CM No.7920-CII of 2013 1.

In FAO No.1362 of 2013, there is delay of 530 days in filing the appeal. The reason given in the application is that the applicant-appellant No.1 is under shock due to the death of his wife and was not in the right mental state to decide what to do and what not to do. He gradually gained normalcy and then filed the appeal.

2.

Counsel for the applicant-appellant argued that the Motor Vehicles Act is a beneficial legislation and some solace is there for the families of the victims when they get compensation in terms of money. 3.

Counsel for the other side, however, pointed out that such ground is taken almost in every appeal where there is delay and the reason not being cogent, the application should be dismissed.

4.

It is not disputed that the applicant-appellant Chander Singh alias Chander Bhan suffered great loss due to the demise of his wife but for him to say that he was under shock and not in a fit mental state to decide anything, would ISHWAR SINGH GARHWAL 2015.02.25 09:47 I attest to the accuracy and authenticity of this document

FAO No.1362 of 2013 (O&M) not be the truth because he would have been in the greater shock when he filed the claim petition. The accident took place on 23.1.2010 while the petition was filed on 4.9.2010. At that time, if, he was in normal mental disposition and could engage a lawyer, file a claim petition and make a statement in court, it is not believable that he was under shock in 2013 when the appeal was filed and was unable to decide what to do and what not to do. 5.

Here the appellants have come up for enhancement though considerable amount was already granted to them by the Tribunal. 6.

The reason given in the application being totally unconvincing, the application is dismissed.

FAO No.1362 of 2013 Since the appeal is barred by time, the same is hereby dismissed.   

             23.02.2015 Ishwar

! "#!$!!% "!&"! !' ISHWAR SINGH GARHWAL 2015.02.25 09:47 I attest to the accuracy and authenticity of this document