Sri. Nelson Pereira vs Sri. Sulaiman and The Oriental Insurance Co. Ltd.

N.K. Patil, J.—This appeal by the claimant is directed against the judgment and award dated 8th April 2011, passed in MVC No. 550/2009, by the Principal District Judge and Motor Accident Claims Tribunal, Dakshina Kannada, Mangalore, (for short, ''Tribunal'') on the ground that the compensation awarded is on the lower side and is liable to be enhanced. Along with the appeal, learned counsel appearing for appellant has also filed I.A. 1/2011, seeking condonation of delay of 148 days in filing the Appeal.

The delay of 148 days in filing the appeal has been explained at paragraphs 4 and 5 of the affidavit filed in support of the application, I.A. 1/2011. In the said affidavit, it is stated that the impugned judgment is passed by the Court below on 28th February, 2011 and the certified copy was applied on 4th March, 2011 and the copy was ready on 17th March, 2011. Thereafter, at paragraph 5, it is stated that the Advocate advised the claimant that there is 148 days time to file the above appeal and that he was in deep financial crisis and after mobilizing the money from his friends and well wishers, he could prefer the above appeal. Therefore, he could not prefer the appeal well in time and he has stated that the said delay in filing the above appeal is not intentional, but the same is for aforesaid reasons and that if the delay in filing the above appeal is not condoned, he would be put to irreparable injury and hardship, but, on the other hand, no hardship or injury would be caused to the other side, if the delay is condoned.

I have heard the learned counsel appearing for appellant and perused the statements made in the affidavit, accompanying the application, I.A. 1/2011.

After going through the statements made in the affidavit filed in support of the application, I am of the considered view that the inordinate delay of 148 days in filing the appeal has not been explained satisfactorily by assigning valid and cogent reasons. The explanation offered is in a very casual manner. Except making bald statements, no credible or trustworthy reasons are assigned for explaining the delay of 148 days in filing the appeal. Whenever there is inordinate delay, the party is bound to explain each day''s delay in filing the appeal by setting out the dates and events. Further, it can be seen that, at paragraph 4, all the three dates mentioned, namely, date of judgment, date on which the certified copy was applied and the date on which the same was ready are entirely different and do not tally with the present case. Further, at paragraph 5, it is stated that the Advocate advised the claimant that there is 148 days time to file the appeal. The said statement is totally baseless and cannot be sustained at all and it shows sheer non application of mind while drafting the delay application. Hence, in view of non explanation of inordinate delay in filing the appeal, in a proper manner, I am of the view that delay cannot be condoned nor the appellant has made out a good case to condone the delay. Hence, for the foregoing reasons, I.A. 1/2011 is dismissed as misconceived.

However, in the interest of justice and equity, I have gone through the impugned judgment and award passed by Tribunal. After perusal of the same, it is seen that, the appellant has sustained swelling and deformity over the left foot and fracture of 3rd and 4th meta tarsal bone, fracture crelid bone as per Wound Certificate, Ex. P4 and the Doctor who issued the Certificate, has opined that the said injury is grievous in nature. For the treatment of the said injury, the appellant has taken treatment at Tejaswini Hospital, Mangalore. It is stated that the appellant was earning a sum of Rs. 4,000/- per month as an Office Boy at A to Z Engineering and Maintenance Service, Mangalore. Therefore, having regard to the facts and circumstances of the case, age, avocation, nature of injuries sustained, nature and duration of treatment and also other relevant aspects of the matter, the Tribunal has, in all, awarded compensation of Rs. 24,000/- for the injuries sustained by the appellant in the road traffic accident, i.e. a sum of Rs. 12,000/- towards injury, pain and sufferings, Rs. 5,000/- towards treatment and other incidental expenses and Rs. 7,000/- towards loss of earning during treatment period. The same is just and proper and does not call for interference. Therefore, the appeal filed by appellant is liable to be dismissed. For the foregoing reasons, the appeal filed by appellant is dismissed both on the ground of delay and laches as also on merits.