JUDGMENT :

N. V. Ramana, J.

1. Delay condoned.

2. Leave granted.

3. This appeal arises out of the impugned order dated 17.10.2016 passed by the High Court of Uttarakhand at Nainital in AO No.266 of 2014, wherein the High Court dismissed the appeal on the grounds of delay of 45 days.

4. The facts in brief giving rise to this appeal are as follows: The deceased aged 26 years, met with an accident on 15.04.2011, as his bike crashed into a truck parked negligently on the road, without any backlight’s indication. Resultantly, he succumbed to the injuries while being taken to the hospital. The appellants (parents of the deceased) preferred a petition before the Motor Accident Claim Tribunal seeking compensation to the tune of Rs. 10 lakhs. Vide order 07.02.2014, the tribunal awarded a total sum of Rs.2.24 Lakhs as compensation along with interest of 6% p.a. Aggrieved, the appellants approached the High Court for seeking enhancement of compensation. It is to be noted that the aforesaid appeal before the High Court was filed with 45 days delay. In order to explain the same, the appellants herein filed an application being CLMA 6569/2014, seeking condonation of delay on the ground that his wife