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2014 Supreme(Raj) 1725

BANWARI LAL SHARMA
Matri – Appellant
Versus
Takht Singh – Respondent


For the Appellants:Deepak Menaria, Advocate.
For the Respondents:L.D. Khatri and Shambhoo Singh, Advocates.

JUDGMENT

1. - Heard.

2. The appellants have preferred this appeal for enhancement of award amount passed by the learned Motor Accident Claims Tribunal, Doongarpur, Camp Sagwada in Claim Case No. 23/2007 (255/2005) dated 27.3.2009, which is barred by 152 days.

3. Application seeking condonation of delay under Section 5 of the Limitation Act has been filed by the appellants on the ground that Counsel of the appellants applied for certified copy of the impugned and award dated 27.3.2009 on 1.4.2009, which was obtained on 10.4.2009 by their Counsel. The appellants are residing in the village. In the month of November, 2009, they made an inquiry about this judgment and award, then it was informed about obtaining the certified copies by their Counsel at Doongarpur. Thereafter, they preferred this appeal.

4. This ground cannot be said as sufficient ground for condonation of delay. The application for condonation of delay is, therefore, dismissed.

5. On considering the appeal .on merit also, it reveals that at the time of accident the age of the deceased was 60 years and the learned Tribunal applied the multiplier of 5 after deduction of 1/3rd amount on account of personal expenditure and Rs.



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