Point of Law: Delay/Laches/Limitation – Motor Accident – Whether Limitation period is time barred - Law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribe and the Courts have no power to extend the period of limitation on equitable grounds. The discretion exercised by the High Court was thus, neither proper nor judicious. The order condoning the delay cannot be sustained. This appeal, therefore, succeeds and the impugned order is set aside. Consequently, the application for condonation of delay filed in the High Court would stand rejected and the Miscellaneous First Appeal shall stand dismissed as barred by time.

JUDGMENT :

1. This order shall dispose of the application seeking condonation of delay in filing of an appeal against the Award passed by the Motor Accidents Claim Tribunal, Udhampur, (for brevity the Tribunal) in claim petition bearing File No. 128/claim.

2. Condonation of delay is sought on the premise that claimant/applicant herein filed a claim petition before the Tribunal on 11.10.2005 claiming compensation thereof from the respondents/non-applicants herein on account of injuries sustained in an accident stated to have occurred due to rash and negligent driving of vehicle Matador bearing No. JK14-0271 by respondent No. 1. The respondent No. 2 is stated to be the owner of the vehicle and respondent No. 3, the insurer of the same.

3. The claim petition is stated to have been dismissed by the Tribunal vide order 11.04.2008 (for brevity the impugned Award).

4. It is being stated in the application that the applicant herein approached the counsel in the month of April 2008, in order to have assistance for filing of an appeal against the impugned Award and the counsel was found not to be available in his office.

5. The applicant claims to have approached the counsel again in the month of August 2008, with great difficulty on account of disability suffered in the accident and states to have paid the fee to the counsel for filing of the appeal who is stated to have assured the applicant that he would file the appeal against the impugned Award before the High court by or before September 2008. The applicant herein is stated to have put signatures in condonation of delay application as also memo of appeal.

6. The applicant is stated to have done all the needful for ensuring the presentation of appeal.

7. It is being further stated that in the month of January 2009 when the applicant enquired from the counsel about the status of the appeal, the counsel assured the applicant that the appeal has been preferred and is pending consideration and informed further the applicant that the High court is closed for vacation and the case of the applicant has already been directed to be listed in the month of April 2009.

8. It is being next stated in the application that the applicant approached the learned counsel in the month of April 2009, who instructed the applicant to obtain a certified copy of the Award passed by the Tribunal on her own where after the applicant states to have applied for a certified copy and provided to her on the very same day.

9. It is being further stated that applicant furnished certified copy to the counsel who is stated to have told the applicant to come in his office as and when called by him only.

10. It is being next stated that the applicant provided complete particulars to the counsel who instructed her that she will be called as and when required.

11. It is being further stated that about one and a half year from thereafter the applicant regularly contacted the counsel on phone who informed the applicant that appeal stands filed and is pending before the court.

12. It is being next stated that thereafter about one and a half year, counsel again asked the applicant to get one more certified copy of the Award from the Tribunal as the earlier copy was stated to have got misplaced.

13. It is being further stated that again a copy was provided in the month of September 2011 to the counsel where after the applicant states to have approached the counsel many times who avoided the applicant on one pretext or the other whereupon the applicant states to have got suspicious and thereafter engaged a counsel at Jammu to verify the pendency of the appeal and shockingly came to know that till date no appeal is filed by her counsel against the said Award.

14. It is being stated that new counsel at Jammu, thereafter drafted the appeal at her instructions and obtained her signatures and again got certified copy of the Award on 30.03.2012 for filing of the appeal. The applicant states that delay for filing the appeal has been due to the negl