Raj Kumari vs Vijay Pal - 2023 Supreme(HP) 508

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 508

AJAY MOHAN GOEL
Raj Kumari – Appellant
Versus
Vijay Pal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Rajat Awasthi.
For the Respondents: Vipin Pandit, Meenakshi Sharma.

JUDGMENT :

AJAY MOHAN GOEL, J.

1. By way of this application, filed under Section 5 of the Limitation Act, a prayer has been made for condonation of delay in filing the appeal.

2. The delay in filing the appeal as per the Registry of this Court is of four years two months and thirteen days. The award was passed by learned Motor Accidents Claim Tribunal on 15.09.2018 and the appeal assailing the same has been filed by the applicants alongwith the application praying for condonation of delay in filing the appeal on 29.11.2022.

3. Learned counsel for the applicants submits that delay in filing the application is bona-fide and the reason is that as the applicants were not aware about the adjudication of the Claim Petition by the learned Tribunal, therefore, the delay occurred in filing the application. No other point has been urged.

4. The respondents contest the said stand of the applicants. Learned counsel for the nonapplicant/Insurance Company has submitted that the very foundation laid down by the applicants seeking condonation of delay in filing the appeal is based on falsehood which is evident from the fact that on one hand, the applicants are trying to justify the delay in filing th

Click Here to Read the rest of this document