ORDER

Appellant filed this appeal under Section 173(1) of Motor Vehicles Act, 1988 against award passed by the learned Claims Tribunal dated 16.11.2015 for enhancement of compensation.

2. The appellant filed I.A. No.6315 of 2019, an application under Section 5 of Limitation Act. As reported by Registry of this Court vide its noting dated 03.08.2019, the appeal is barred by 1243 days.

3. The averments of the application have been seriously disputed on behalf of respondent No.1 / Insurer and respondent No.2 / driver of the vehicle.

4. Learned counsel for the appellant argued in support of averments made in the application and the affidavit. The appellant ought to have filed appeal before this Court within 90 days from the award dated 16.11.2015, the prescribed period of limitation from the date of passing of impugned award. Further submits that appellant has been awarded meager amount by the Claims Tribunal, therefore, the present appeal filed with an intention of enhancement of the compensation amount in which the appellant has full hope of getting success. Further submits that the appellant being an uneducated and illiterate villager, went out of the Indore city for work and he was not