Ashwani Kumar v. Ved Parkash & ORS

FAO No.1759 of 2015 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1759 of 2015 (O&M) Date of Decision.13.01.2016 Ashwani Kumar .......Appellant Vs.

Ved Parkash and another ........

Respondents

Present:

Mr. Robert Kanwar, Advocate for the appellant.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) C.M. No.222-CII of 2016 For the reasons stated in the application, order passed by this Court on 03.12.2015 is recalled and the appeal is restored to its original number.

Application is allowed.

FAO No.1759 of 2015 (O&M) 1.

For an accident that had taken place on 27.05.1993, the claim petition which was filed in the same year resulted in compensation passed 12 years later at `1,24,500/-. The claimant has taken again another 10 years to arrive to this Court to complain that he became handicapped after the accident and he could not file the case. Handicap resulted more than two decades earlier and the case had taken sufficiently long period for disposal. I do not believe the PANKAJ KUMAR 2016.01.15 12:01 I attest to the accuracy and integrity of this document

FAO No.1759 of 2015 (O&M) -2justification given for delay. A handicap of what existed even at the time of filing of the claim petition should not come in the way of filing the appeal before this Court. It cannot be stated to be a reason causing further delay in filing the present appeal. There is no merit in the application for condonation of delay and the appeal is hopelessly time barred.

2.

The application for condoning the delay in filing the appeal is dismissed and consequently, the appeal is also dismissed. (K. KANNAN) JUDGE January 13, 2016 Pankaj* PANKAJ KUMAR 2016.01.15 12:01 I attest to the accuracy and integrity of this document