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