Jammu & Kashmir High Court
Union Of India And Another vs Radhu And Others on 24 November, 2021
Author: Puneet Gupta
Bench: Puneet Gupta
Sr. No.4
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Mac App. No.111/2021
CM No.8636/2021
CM No.8637/2021
Union of India and another .....Appellant(s)
Through: Mr. Harshwardhan Gupta, CGSC.
Vs
Radhu and others ..... Respondent(s)
Through: None.
Coram: HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
The appellant has filed the condonation application (CM No.8636/2021) seeking condonation of delay in filing the appeal against the impugned award dated 20.03.2019 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Jammu. The delay is of 245 days in preferring the appeal. The reason given in the application is that while forming the opinion to file the present appeal, the matter was forwarded to the higher authorities at different places. It is only after the opinion was formed by the department that the counsel for the appellant was instructed to file the present appeal.
The learned counsel for the appellants has submitted that the delay in filing the appeal has arisen due to procedural formalities which were required to be followed in the department. The delay is neither deliberate nor intentional 2 one. The impugned award passed by the tribunal is otherwise not in accordance with law.
It is revealed from the application that the appellants got the knowledge of passing of the impugned award in May, 2019 itself. It is also evident from the averments contained in the application that the grounds taken in the application are not convincing one and are taken in routine manner. If the authorities are to take about eight months in filing the appeal against the impugned award on the grounds mentioned therein, the appellant cannot be granted any leverage by the Court and allow the application on that basis. The Court does not find that any reasonable ground exists to allow the application. The application is accordingly dismissed. Otherwise too, the perusal of the impugned award passed by the tribunal reveals that the appellants have no ground to agitate the award in the appeal. The victim was eight years old when the accident took away his life. The Tribunal has awarded just compensation of Rs.4,70,000/- in favour of the respondents/claimants. The Tribunal has taken all aspects of the matter in consideration while awarding compensation. The grounds mentioned in the appeal are not otherwise tenable qua the award passed by the Tribunal. Resultantly, the appeal is also without merits.
( Puneet Gupta ) Judge Jammu 24.11.2021 Narinder NARINDER KUMAR SHARMA 2021.11.25 16:14 I attest to the accuracy and integrity of this document