JUDGMENT

Manoj Kumar Ohri, J. - CM aPPL. 18372/2022 (Delay)

1. The present application has been filed under Section 5 of the Limitation act on behalf of the appellant seeking condonation of delay of 3738 days in filing the appeal.

2. By way of the present appeal filed under Section 173 of the Motor Vehicles act, 1988 (hereinafter, referred to as the 'MV act') read with Order 43 CPC, the appellant, who is the owner of the offending vehicle, has sought the following reliefs:-

'a. Set aside the impugned judgment / award dt. 07/09/2011 passed in suit no. 16397/2011 titled Vida Devi & anr. Vs. Paramjit & Ors. to the extent wherein recovery rights have been granted to the Insurance Company against the Petitioner herein / Owner of the vehicle; or

B. Set aside the impugned order dt. 21/12/2021 by Dr. Hardeep Kaur, additional District and Session Judge PO MaCT (SE), Saket Courts, New Delhi whereby the application of the petitioner herein under order 9 rule 13 CPC has been dismissed; and

C. Modify the award dt. 07/09/2011 / order dt. 21/12/2021 and hold that the petitioner herein / owner of the vehicle is not liable to pay the award / compensation amount to the Insurance Company.'

3. Brief facts of