Judgment On Board

26-03-2025

1) Heard on I.A. No. 01/2021, an application for condonation of delay under Section 5 of the Limitation Act.

2) The claimants have filed this petition assailing the award dated 21.02.2007 passed in Claim Case No. 61/2007 by the learned Additional Motor Accident Claims Tribunal, Katghora, District Korba (C.G.) whereby compensation of Rs. 1,06,800/- has been awarded with interest @ 6 % p.a. from the date of filing of the claim application till its realization.

3) The facts of the present case are that on 05.01.2006, a Road Roller bearing registration No. 5150 which was being driven by respondent No. 1 in a rash and negligent manner dashed Awadhram Patel, who was working as a labour at the railway construction site. The deceased sustained grievous injuries and died on the spot.

4) The learned Tribunal after appreciating documentary and oral evidence awarded compensation to the tune of Rs. 1,06,800/- with interest @ 6% p.a. to the claimants.

5) With regard to the application for condonation of delay, the learned counsel for the appellant/claimant would submit that there is a delay of 14 years in filing the instant appeal. He would contend that the appellants wer