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2024 Supreme(MP) 176

DINESH KUMAR PALIWAL
Chhaya Shivhare – Appellant
Versus
Ravikant Mishra – Respondent


Advocates:
Advocate Appeared:
Mukesh Kumar Shukla for appellant; Rakesh Jain for respondent No. 2.

ORDER

1. With the consent of learned counsel for the parties, arguments are heard finally.

This Miscellaneous Appeal at the instance of the appellants/claimants under section 173(1) of the Motor Vehicle Act, 1988 is directed against the impugned award dated 5.12.2015 passed in Claim Case No.193/2013 by VIth Additional Motor Accident Claims Tribunal, Satna (MP).

2. Heard on I.A. No.4317 of 2023 – an application under section 5 of the Limitation Act for condonation of delay in presentation of the appeal.

3. The appeal is barred by 2552 days i.e. almost 7 years & 3 months.

4. I have gone through the application for condonation of delay.

5. Learned counsel for appellants/claimants has submitted that the award was passed on 5.12.2015 and the appeal for enhancement was required to be filed within 90 days from the date of award; but same could not be filed in due time as appellant No.1 Chhaya Shivhare Wd/o Late Shri Kamal Kishore Shivhare is a poor lady and she has to support her minor children after the death of her husband. After passing the impugned award, she could not understand what to do; her financial condition is not good and she did not have any knowledge about the Law. When she came

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