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2016 DIGILAW 317 (UTT)

FATEH SINGH v. ORIENTAL INSURANCE COMPANY LIMITED

2016-07-05

SERVESH KUMAR GUPTA

body2016
JUDGMENT Hon’ble Servesh Kumar Gupta, J. Since all these appeals have arisen out of the same accident, hence are being taken up together for adjudication. 2. All these are belated. AO No. 608/2014 has been filed with the delay of 22 days and AO No. 619/2014 has been filed with the delay of 40 days. Likewise, there is delay of 148 days in filing the AO No. 167/2015 and delay of 131 days in preferring the AO No. 166/2015. Accordingly, delay condonation applications (CLMA 14308/2014, CLMA 14621/2014, CLMA 3019/2015 and CLMA 3021/2015) have been filed along with these appeals. The only explanation, which has been disclosed in the accompanying affidavits, is that he appellants are illiterate persons and the residents of remote hills and, therefore, they could not manage to file the appeals within the period of statutory limit. 3. In view of this Court, the appellants have failed to sufficiently explain the delay and these appeals are liable to be dismissed on this sole ground alone, by rejecting the delay condonation application. 4. Besides, miscellaneous applications CLMA 6142/2016 and 6139/2016 have been filed in AO No. 608/2014 and AO No. 619/2014 respectively for taking additional evidence on record. Nowhere it has been disclosed in these applications as to why such papers could not be produced by the appellants before the Tribunal despite having observed the due diligence. So, these miscellaneous applications too are hereby rejected. 5. Apart from the above, I have also prima facie looked into the merits of these appeals before passing the orders on the aforementioned applications and I found that these appeals are meritless and there is no infirmity in the impugned awards. 6. Consequently, all these appeals fail and are hereby dismissed. 7. Let the lower court records be sent back.