Condonation of delay requires a cogent, day-to-day explanation. In motor accident claims, unexplained delay in FIR registration and failure to examine key witnesses regarding the identity of the offending vehicle can lead to an adverse finding on rash and negligent driving.

NIDHI GUPTA, J.

CM-13101-CII-2019

Prayer in this application filed under Section 5 of the Limitation Act is for condonation of delay of 806 days in filing the accompanying appeal.

The only reason cited by learned counsel for the applicant/appellant in para 2 of the application seeking condonation of delay of 806 days is: “That the appellant is an illiterate lady who was under the impression that she has exhausted her legal remedy with the dismissal of case and there is no further legal remedy available to her. But when the appellant met with his counsel in the 2nd week of April, 2019, only then she came to know that she has right to appeal. Thereafter, she arranged the funds and approached his Counsel at Sonipat for the further action. Thus the appeal is now being filed and the delay happened due to the above mentioned reasons.”

The said reason is vague and does not constitute sufÏcient cause to condone extraordinary delay of 806 days in filing the present appeal.

It is cardinal principle of law that delay of each day has to be explained. In this regard, reference may be made to a recent judgment of the Hon’ble Supreme Court in Civil Appeal No. 11794 of 2025 titled as Shivamma (Dead) by LRs Vs. Karnataka Housing Board and others, 2025 INSC 1104 decided on 12.09.2025, Law Finder Doc Id # 2777666, wherein it is held that each day's delay has to be explained in a mathematical manner which has not been done by the applicant-appellant. No cogent reason or plausible explanation has been furnished by the applicant for condonation of such an inordinate and unexplained delay in filing the accompanying appeal. Moreover, condonation of such an inordinate delay would be tantamount to declaring the law of limitation obsolete/redundant, without any justification. The impugned Award is dated 14.12.2016; whereas appellant visited her trial court counsel only in the 2nd week of April 2019. Thus, for almost 2 1/2 years, appellant did not pursue the case at all. Thus, the explanation furnished by the appellant shows that the matter has been pursued with utmost casualness.

As such, no ground is made out for condoning inordinate delay of 806 days. Present application accordingly stands dismissed.

FAO-5726-2017 (O&M)

The present appeal has been filed by the injured-claimant Geeta against the dismissal of her claim petition by the learned MACT, Sonepat (hereinafter ‘the Tribunal’), vide Award dated 14.12.2016 passed in MACT Case No. 239 dated 28.04.2015 filed under Section 166 of the Motor Vehicles Act, 1988.

FAO-3769-2019 (O&M)

The present appeal has been filed by the injured-claimant Bhateri against the dismissal of her claim petition by the learned MACT, Sonepat (hereinafter ‘the Tribunal’), vide Award dated 14.12.2016 passed in MACT Case No. 240 dated 28.04.2015 filed under Section 166 of the Motor Vehicles Act, 1988.

Both above said appeals are being disposed of by this common order as both arise from the same accident dated 10.10.2014; and emanate from the same/common Award dated 14.12.2016 passed by the learned MACT Sonipat; and both appeals involve same facts and issues. For the sake of facility, facts are being drawn from FAO-3769-2019 filed by Bhateri.

The case of the appellants as pleaded before the learned Tribunal as recorded in para 2 of the impugned Award is as follows:-

“2. The facts of the present claim petitions are that on 10.10.2014 petitioner Geeta alongwith her mother Bhateri was coming from village Tajpur on the motorcycle bearing registration no. DL 4SC-D/2076 being driven by Ajay son of Mahender Singh. Ajay was driving his motorcycle at a normal speed on the correct side of the road. When they reached near Lal Kothi, situated at Tajpur, Murthal road at about 6.15.P.M, one vehicle bearing registration no HR 05AH-4634 being driven by its driver in a rash and negligent manner, hit the motorcycle of Ajay by coming on wrong side and due to the impact, petitioners Geeta and her mother Bahther