AI Structured Summary
Not yet generated for this judgment
Judgment
Hon''ble Dr. Justice K. Bhakthavatsala
Heard on Misc. Cvl. 18659/2009.
Misc. Cvl. 18659/2009 is an application filed u/s 5 of the Limitation Act praying to condone the delay of 2905 clays in filing the appeal. The application is annexed with an affidavit of the appellant.
Learned Counsel for the appellant submitted that on account of the injuries sustained by him in the motor accident that occurred on 14.2.1996, the appellant''s left leg above the knee was amputated and the Tribunal passed an Award on 25.6.2001, awarding compensation of Rs. 2,26,031/- taking notional income as Rs. 15,000/- though he was earning Rs. 4,000/-per month. He submits the Tribunal should have treated it as 100% and awarded compensation. But the Tribunal has not awarded adequate compensation towards loss of future earnings future medical expenses and pain and sufferings Therefore, an application was fifed seeking grant of certified copy of the Judgment on 31.8.2009 and obtained the same on 8.10.2009 and the present appeal came to be filed with 2905 days delay. Therefore, an application is filed for condoning the delay in filing the appeal. He cited the following decisions on the point of condoning the delay in filling the appeal:
ILR 1987 KAR 2844 [Collector, Land Acquisition v. Mst. Katiji]
Manam Saraswathi Sampoorna Kalavathi and Others Vs. The Manager APSRTC, Tadepalligudem A.P. and Another,
Learned Counsel for Respondent No. 2/Insurance Company submits that the appellant has not shown sufficient cause for condoning the inordinate delay of 2905 days in filing the appeal and the judgments cited by the learned Counsel for the appellant are of no avail.
No doubt, the Apex Court in para No. 3 of the judgment reported in ILR 1987 KAR 2844 , observed that the legislature has conferred the power to condone delay, by enacting Section 3 of the Indian Limitation Act of 1963, in order to enable the Courts to do substantial justice to parties by disposing of the matter on ''merits'', In the decision reported in Manam Saraswathi Sampoorna Kalavathi and Others Vs. The Manager APSRTC, Tadepalligudem A.P. and Another, , in para No. 18, the Apex Court condone 654 days in filing the appeal by special leave on the ground of extreme poverty.
In my view, both the decisions are of no avail to the case of the appellant. Apart from that he has not pleaded poverty as a ground for condonation. Further, he has received the compensation as awarded by the Tribunal. The decision reported in ILR 1987 KAR 2844, supra is pertaining to the matter seeking for enhancement of compensation insofar as the land acquired under the Land Acquisition Act. The appellant is not diligent in filing the appeal in time and there is no sufficient cause for condoning the inordinate delay of 2905 days in filing the appeal. However, the compensation of Rs. 2,26,031/- as awarded with reference to the accident occurred on 14.2.1996 cannot be said on the lower side, I see no good ground to condone the delay.
In the result, Misc. Cvl. 18659/2009 is rejected. Consequently, the appeal is also dismissed as barred by limitation.