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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Satyen Vaidya, J
Bhushan Kumar – Appellant
Versus
Ashwani Kumar – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, petitioner has assailed order dated 14.03.2019, passed by learned Motor Accident Claims Tribunal-I, Kangra at Dharamshala, H.P., in CMA No.62/2015, whereby the application of the petitioner herein for condonation of delay in filing application under Order 9 Rule 13 of the Code of Civil Procedure , (for short, “the Code) has been dismissed.
2. The respondent herein filed a petition under Section 166 of the Motor Vehicles Act against the petitioner herein and thereby sought compensation for injuries suffered by him in motor vehicle accident involving bus No. HP-38-3735. It was alleged that on 11.03.2003 at about 6:30 PM when the petitioner was riding his scooter from Jassur to Nurpur in District Kangra, at place near Niyazpur Chowk, bus No. HP-38-3735 hit the scooter of the petitioner. It was also alleged that at the time of accident, the bus was being driven by petitioner herein in a rash and negligent manner.
3. Learned Motor Accidents Claims Tribunal (for short, “the Tribunal”) allowed the petition of respondent herein vide award dated 18.01.2007 and awarded compensation of Rs.1,60,568/- with interest at the rate of 9% per annum
The petitioner failed to demonstrate sufficient grounds for condoning the delay in filing an application to set aside an ex-parte award, leading to dismissal of the petition.
Courts will not condone a delay in filing an appeal where the applicant fails to provide detailed, verifiable evidence explaining the delay on a day-to-day basis. Blanket assertions of internal admin....
The decisive factor in condonation of delay is the sufficiency of a satisfactory explanation, and diligence and commitment are crucial in filing appeals, especially in cases related to compensation f....
The main legal point established in the judgment is the requirement for a sufficient cause for not preferring the appeal within the prescribed period, emphasizing the need for a justice-oriented appr....
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