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NEUTRAL CITATION NO. 2026:MPHC-GWL:3654

1 MCC-1948-2024

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE HIRDESH

th

ON THE 29 OF JANUARY, 2026

MISC. CIVIL CASE No. 1948 of 2024

YUSUF KHAN @ ESHAV KHAN

Versus

SAKOOR KHAN AND OTHERS

Appearance:

Shri Tapan Mishra - Advocate for the applicant.

Shri Bal Krishna Agrawal-Advocate for respondent No.3/ Insurance

Company.

ORDER

The present MCC under Order XLIV Rule 1 of Code of Civil

Procedure has been filed by applicant, seeking exemption from payment of

court fee for filing a miscellaneous appeal under Section 173 of the Motor

Vehicles Act, 1988, challenging the Award dated 25/08/2021 passed by the

12th Member, Motor Accident Claims Tribunal, District Gwalior (M.P.) in

Motor Accident Claim Case No. 145/2017.

2. Along-with this MCC, applicant has also filed an application under

Section 5 of the Limitation Act, (I.A. No. 3544/2024) seeking condonation

of delay of 996 days in filing the misc. appeal.

3. It is contended on behalf of the applicant that applicant has filed

misc. appeal seeking enhancement of the compensation amount. It is

submitted that he is a poor person, unaware of legal provisions, and due to

Signature Not Verified

Signed by: PRACHI MISHRA

Signing time: 1/31/2026

12:50:49 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:3654

2 MCC-1948-2024

the accident both his legs were amputated above the thighs, rendering him

immobile and without any source of income. It is further submitted that the

applicant did not have sufficient means to pay Court fees and, therefore,

could not file the appeal within the prescribed period. It is also stated that

applicant contacted his counsel on 14/05/2024, whereupon he was advised to

file an appeal. It is contended that the amount of Rs.5,00,000/- received by

applicant was spent on repayment of loans taken during medical treatment.

On these grounds, it is prayed that delay be condoned in the interest of

justice.

3 . Per contra, learned counsel for respondent No.3 / Insurance

Company opposed the application and submitted that the applicant has failed

to furnish any cogent or satisfactory explanation for inordinate delay of 996

days. It is contended that applicant was fully aware of the Award passed by

the Claims Tribunal and the legal remedies available to him, yet he failed to

act with due diligence. It is further submitted that the reasons assigned are

vague, general, and insufficient to constitute “sufficient cause” under Section

5 of Limitation Act. Hence, prayed for dismissal of condonation application.

4. Heard learned counsel for the parties and perused the record.

5.The Hon'ble Supreme Court of India has consistently held that the

provisions of the Limitation Act are not merely procedural but are intended

to prevent inordinate delay in the administration of justice. In the case of

Collector, Land Acquisition vs. Mst. Katiji, reported in (1987) 2 SCC 107,

the Hon'ble Apex Court reiterated that the expression "sufficient cause"

should be liberally construed to advance substantial justice, particularly in

Signature Not Verified

Signed by: PRACHI MISHRA

Signing time: 1/31/2026

12:50:49 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:3654

3 MCC-1948-2024

matters where the rights of parties are at stake. However, the Court also

emphasized that the delay should not be condoned in a routine manner, and a

party seeking condonation must demonstrate sufficient and reasonable cause.

Further, in the case of N. Balakrishnan vs. M. Krishnamurthy, reported in

(1998) 7 SCC 123, the Hon'ble Apex Court emphasized that delay should not

be condoned unless there is a reasonable explanation for the same. It was

observed that in cases where an applicant fails to show that the delay was

caused due to circumstances beyond their control, the courts are not bound to

condone the delay.

6. In the present case, the applicant has failed to explain the delay day-

to-day or even broadly for a prolonged period of 996 days. The grounds

taken, such as lack of awareness of law, financial hardship, and medical

co