JUDGMENT :

Nidhi Gupta, J. -

CM-25790-CII-2017

Prayer in this application filed under Section 173 of Motor Vehicle Act, 1988 read with Section 5 of the Limitation Act is for condonation of delay of 555 days in filing the accompanying appeal.

The only reason given by the applicant/appellant in the present application seeking condonation of extraordinary delay of 555 days is that "The appellant/applicant has no knowledge that an appeal can lie for the modification of award of the learned MACT. Therefore, it took her some time to contact her advocate and collect relevant papers to file this appeal. "

The same does not constitute sufficient reason for condoning the delay of 555 days in filing the appeal.

Hence, the present application stands dismissed.

FAO-7797-2017 (O&M)

The present appeal has been filed by the claimant No.2/ mother of the deceased, seeking enhancement of compensation of Rs.29,79,872/- awarded by the learned Motor Accident Claims Tribunal, Ludhiana (hereinafter referred to as "the learned Tribunal") vide Award dated 03.11.2015 passed in MACT Case No. 43 dated 04.01.2014 filed under Section 166 of the Motor Vehicles Act, (hereinafter referred to as "the Act"). The 2 claimants before the learned Tribunal were the widow/performa respondent herein, and the appellant/mother of the deceased Neeraj Pathak. The ld. Tribunal had further directed that the claimants shall be entitled to 50% each of the compensation amount of Rs.29,79,872/-.

2. At the very outset, it may be pointed out that the present appeal is of the year 2017 and notice has not yet been issued in the same as the matter has been adjourned since 2018 till date, either at the request of; or due to non-appearance of learned counsel for the appellant.

3. Brief facts of the case are that the learned Tribunal on the basis of pleadings and evidence adduced before it concluded that the deceased-Neeraj Pathak had died due to the injuries suffered by him in a motor vehicular accident that took place on 03.09.2013 due to the rash and negligent driving of truck/trolla bearing registration No.PB-08-AZ-9841 (hereinafter "the offending vehicle") being driven by respondent No.2; owned by respondent No.1; and insured by respondent No.3. The learned Tribunal awarded the above said compensation along with interest @ 6% per annum. Respondent No. 3-Insurance Company was held liable to pay the said compensation.

4. Learned counsel for the appellant seeks enhancement of compensation on the ground that nothing has been awarded to the appellant under the head of cost of litigation. It is submitted that the appellant has been fighting her case since filing of the claim petition before the learned Tribunal on 04.01.2014. The appellant is still fighting for compensation. Therefore, she is rightly entitled for cost of litigation. It is further submitted that rate of interest has been awarded on the lower side as only 6% per annum; whereas the same should be 9% per annum. It is lastly submitted that nothing has been awarded by way of future prospects. It is also stated that the claimant No.1 has remarried and is not entitled to compensation. It is accordingly prayed that the impugned Award be modified, and compensation awarded to the appellant be enhanced.

5. No other argument is raised on behalf of the appellant.

6. I have heard ld. counsel and perused the case file in detail.

7. A perusal of the record shows that it was the pleaded case of the claimants in the claim petition that they were entitled to compensation of Rs.40 lacs alongwith interest @ 18% per annum from the date of accident till realization of the entire amount on account of death of Neeraj Pathak who died on 03.09.2013 due to rash and negligent driving of respondent No.2. It was stated in the claim petition that when the accident occurred, the deceased was going from his house in connection with some personal work on his motorcycle bearing No. PB-10EA-3568 and his brother Dhiraj Pathak was following him on his bike. It was further p