NIDHI GUPTA, J.

CM-21044-CII-2025

Prayer in this application filed under Section 151 CPC is for condonation of delay of 56 days in refiling the accompanying appeal.

2. Heard.

3. For the reasons mentioned in the application which is duly supported by an afÏdavit of the applicant/appellant No.1, the same is allowed and delay of 56 days in refiling the appeal is condoned.

CM-21045-CII-2025

Prayer in this application filed under Section 5 of the Limitation Act is for condonation of delay of 635 days in filing the appeal.

2. The only reason cited by the applicant/appellants in the above application for condonation of 635 days delay in filing the appeal is as under:-

“1. That the Appellants is filing the instant appeal which is most likely to be allowed, otherwise in this case Appellants could not file the appeal with in time due to the reason that Appellants was not having the legal fees in this case and due to insufÏcient funds for legal fees and Appellants could arrange the same in the month of July, 2025 being amount of compensation was released in the month of march 2025, copy of voucher dt. 31.3.2025 is attached as Annexure A-1, rather actual payment was made in the month of July 2025, and after engaging the counsel on 8.7.2025 the same was prepared on 8.7.2025 and the same was filed on 9.7.2025 otherwise delay of 635 days in filing the appeal is not intentional but due to the reason mentioned above which was beyond the control of the Appellants.”

3. The said reason is vague and does not constitute sufÏcient cause to condone extraordinary delay of 635 days in filing the present appeal. Applicant has failed to specify as to how much fees was paid to legal counsel. Applicant has also failed to specify as to what occasioned the delay in disbursement of compensation granted vide the Award dated 15.7.2023. Furthermore, a perusal of the Pay Order dated 31.3.2025 (Annexure A-1) shows that vide the said Pay Order, an amount of Rs.4,45,826/– only has been disbursed to the applicant/appellants out of total compensation of Rs.16,45,000/-. There is no detail provided by the applicant as to when, and in what manner was the remaining amount of compensation disbursed to them. The averments made in the application are, therefore, vague and general.

4. 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-appellants. No cogent reason or plausible explanation has been furnished by the applicants 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.

5. As such, no ground is made out for condoning inordinate delay of 635 days. Present application accordingly stands dismissed.

FAO-5947-2025 (O&M)

The present appeal has been filed by the claimants seeking enhancement of compensation of Rs.16,45,000/- awarded by the ld. Motor Accident Claims Tribunal, Rohtak (hereinafter “the learned Tribunal”) vide Award dated 15.07.2023 passed in MACP Case No. 380 dated 12.12.2019 filed under Section 166 of the Motor Vehicles Act, (hereinafter “