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2012 DIGILAW 141 (RAJ)

Raju @ Rajendra Gurjar v. Prem Singh

2012-01-11

MAHESH BHAGWATI

body2012
Hon'ble BHAGWATI, J.—None of the Advocates has been appearing in the Court today. 2. The matter comes up on an application filed under Section 5 of Limitation Act, wherein the appellant has beseeched to condone the delay of 530 days in filing the instant appeal. 3. Service of notice is complete on the respondents, but none appears on their beahlf. 4. Having perused the contents of Limitation application, it is noticed that the award was passed by the Motor Accident Claims Tribunal, Chomu, District Jaipur on 9th May, 2008 in favour of the claimant-appellant and against the respondents. The appellant is found to have filed the appeal for enhancement of the amount of compensation. The appellant has further revealed that his counsel did not apprise him about passing of the award by the Tribunal in time, but when he came to know about the award having been passed, it was revealed that the amount of compensation awarded by the Tribunal was abysmally low, but the appellant has assigned no satisfactory or reasonable cause, which prevented him in filing of the appeal after an inordinate delay of 530 days. The appellant is required to explain each day's delay, but he has failed to explain even one day delay in filing the appeal. Hence on account of there being no satisfactory and reasonable cause in not filing the appeal within the stipulated period, the application filed under Section 5 of Limitation Act deserves to be dismissed and the same stands dismissed accordingly. 5. Consequent upon the dismissal of application filed under Section 5 of Limitation Act, the appeal does not survive and the same stands dismissed being time barred.