Pardeep Kumar vs Kapoor Singh - 2023 Supreme(P&H) 3157

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2023 Supreme(P&H) 3157

NIDHI GUPTA
Pardeep Kumar – Appellant
Versus
Kapoor Singh – Respondent

Advocates Appeared:
Mr. Aakash Juneja, Advocate; For the Appellant

JUDGMENT

Nidhi Gupta, J.

CM-24900-CII-2017

This is an application under Section 5 of the LIMITATION ACT for condonation of delay of 109 days in filing the appeal.

After going through the contents of the application, the same is allowed subject to all just exceptions.

Main Case

Perusal of order sheets of the present case show that there was no representation on behalf of the appellant on 22.02.2018, 09.08.2018, 29.01.2019, and thereafter on 19.03.2019 matter was adjourned at the request of learned counsel for the appellant. There was no representation on 14.08.2019 as well. Even today, adjournment was being sought by learned counsel for the appellant. However, as this is an appeal of the year 2017 and has repeatedly been adjourned at request of learned counsel for the appellant/due to non-appearance on behalf of the appellant, therefore, this Court declined the request for adjournment.

2. Present appeal has been filed by the appellant-claimant seeking enhancement of compensation of Rs.1,00,000/- awarded by Motor Accident Claims Tribunal, Rohtak (hereinafter referred to as "the learned Tribunal") vide Award dated 12.12.2016 passed in MAC Petition No.45 of 2014 filed under Section 163-

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