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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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105 FAO-4079-2019 (O&M)

Date of Decision.:12.05.2026

Kulwinder Kaur and Others …..Appellants

Vs.

Gurpal Singh Atwal and Others .….Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:- Mr. Dinesh Nagar, Advocate

for the appellants.

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DEEPAK GUPTA, J. (ORAL)

One Harmesh Lal lost his life in a motor vehicular accident,

which occurred on 25.10.2011 due to rash and negligent driving of vehicle

bearing registra’on No. PB-02-BG-2424. His widow and three children

ins’tuted a claim pe’’on under Sec’on 166 of the Motor Vehicles Act

seeking compensa’on from the driver, owner and insurer of the offending

vehicle. Learned Motor Accident Claims Tribunal, Shaheed Bhagat Singh

Nagar vide award dated 24.08.2016 awarded compensa’on of ₹9,95,000/-

in favour of the claimants.

2. Seeking enhancement of the compensa’on amount, the

present appeal has been preferred by the claimants-appellants. The appeal

is accompanied by an applica’on bearing No.CM-13445-CII-2019

under Sec’on 5 of the Limita’on Act praying for condona’on of delay of

876 days in filing the appeal.

3. As per the averments made in the applica’on, a;er

pronouncement of the award, cer’fied copy thereof was applied for and

was delivered on 17.09.2016. It is pleaded that the appellants were not paid

the awarded compensa’on ’ll February, 2019 and only therea;er their

NEETIKA TUTEJA

2026.05.13 17:28

I attest to the accuracy and

integrity of this document

FAO-4079-2019 (O&M)

counsel, who had represented them before the Tribunal, advised them to

approach this Court for seeking enhancement of compensa’on. On this

basis, it is contended that the delay in filing the appeal was neither

inten’onal nor deliberate and deserves to be condoned in the interest of

jus’ce.

4. Learned counsel for the appellants has been heard and the

record has been perused.

5. The law rela’ng to condona’on of delay under Sec’on 5 of the

Limita’on Act is well se?led. Though a liberal approach is ordinarily

adopted in ma?ers concerning compensa’on under the Motor Vehicles Act,

nevertheless the party seeking condona’on is required to disclose sufficient

cause explaining the delay in a reasonable and sa’sfactory manner. The

expression “sufficient cause” cannot be construed so liberally as to render

the law of limita’on o’ose.

6. In the present case, admi?edly the appellants were duly

represented by a counsel before the learned Tribunal. It is also not disputed

that cer’fied copy of the award had been obtained as early as on

17.09.2016. Thus, the appellants were fully aware of the contents of the

award as well as of their legal remedies.

7. The principal explana’on furnished by the appellants is that

the awarded compensa’on had not been disbursed ’ll February, 2019 and

therea;er they were advised to file an appeal for enhancement. However,

non-payment or delayed payment of awarded compensa’on cannot be

regarded as a condi’on precedent for preferring an appeal seeking

enhancement of compensa’on. The right to challenge the adequacy of

compensa’on accrues immediately upon pronouncement of the award and

is wholly independent of the actual disbursement thereof.

8. What further assumes significance is that, as per the own

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NEETIKA TUTEJA

2026.05.13 17:28

I attest to the accuracy and

integrity of this document

FAO-4079-2019 (O&M)

averments contained in the applica’on, the appellants did not make any

effort for more than two years either to pursue the ma?er with their

counsel or to take appropriate legal recourse. No sa’sfactory explana’on

has been furnished accoun’ng for this prolonged period of inac’on and

negligence.

9. The explana’on offered in the applica’on is vague and lacks

par’culars sufficient to jus’fy condona’on of an inordinate delay of 876

days. Mere asser’on that the appellants were advised at a later stage to file

the appeal does not cons’tute “sufficient cause” within the meaning of

Sec’on 5 of the Limita’on Act.

10. In these circumstances, this Court is of the considered