JUDGMENT

Kailash Gambhir, J.

1. By way of this application moved under Section 5 of the Limitation Act, 1908 read with Section 151 of Code of Civil Procedure, 1908, the appellant seeks condonation of delay of 443 days in filing the present appeal against the award of the Motor Accident Claims Tribunal dated 22.2.2005.

2. The main ground urged by the appellant is that he was unaware of the pronouncement of the award in Suit No.490/04 (old No.23/97) made by the Motor Accident Claims Tribunal on 22.2.2005, and the reason given for the same is that the appellant had appointed Sh. S.S. Sharma, Advocate to pursue his matter on his behalf and the learned Advocate had assured the appellant that the case was of civil nature, therefore, the appellant need not come on each and every date of hearing and whenever his appearance would be required, he would be called upon by the Advocate. It was submitted by the learned counsel for the appellant that the knowledge of the fact that the final award dated 22.2.2005 had been pronounced by the learned MACT could be gained only in July 2006 when he came to know about the recovery proceedings on receipt of notice from the Office of the Tehsildar. The