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2022 Supreme(HP) 662

SATYEN VAIDYA
Kamla Devi, Wife Of Sh. Mohinder Singh – Appellant
Versus
Vinod Kumar, Son Of Shri Chaddar Sain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J.L. Bhardwaj, Adv.
For the Respondent: Mr. Virender Sharma, Adv.

ORDER :

By way of instant application, a prayer has been made to condone the delay of 1019 days in filing the appeal under Section 173 of Motor Vehicles Act, 1988 against award dated 01.09.2017, passed by Motor Accident Claims Tribunal-II, Kinnaur at Rampur Bushehr, District Shimla, H.P. in M.A.C. Petition No. 73-R/2 of 2016/2015.

2. Applicant contends that she had met the counsel representing her in the instant application in January, 2021 and was advised that the award passed by learned Tribunal was on lower side and she could take the chance of enhancement in compensation by preferring the appeal before this Court.

3. As per averments made in the application, the applicant had filed execution petition after passing of the award and had received the awarded amount in August, 2020. It is also submitted that applicant was under mental depression on account of death of her young son.

4. As per applicant, the delay in filing the appeal was not intentional. She, otherwise, was not aware about the period of limitation prescribed to file the appeal. It is further contended that applicant would have achieved nothing by delaying the filing of the appeal.

5. The prayer of the applicant is conte

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