Andhra Pradesh High Court - Amravati
P.Rahul vs G V Bhupal Reddy on 25 September, 2023
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No. M.A.C.M.A No.1288 of 2019
PROCEEDING SHEET
Sl. DATE ORDER OFFICE
No. NOTE
02. 25.09.2023 BSS, J
I.A.No.1 of 2019
I have heard learned counsel for the
petitioner, Mr.Venkateswarlu Gadipudi.
This petition is filed by the
petitioner/claimant under Section 151 of
C.P.C to condone the delay of 626 days in
presenting the appeal against the award
passed by in M.V.O.P No.514 of 2011
dated 31.11.2017. It is the contention of
the petitioner that after passing an award
by the Tribunal on 31.11.2017, he applied
for certified copy of Judgement and Decree
and the same was handed over to
Advocate, Mr.B.Koteswara Reddy along
with Vakalath and signed affidavit on
13.05.2018 for filing appeal before this
Court and later he came to know that their
advocate fell ill and passed away on
26.09.2018, due to that he received copy of
the award and decree on 02.12.2019 from
the family members of the said advocate
then he handed over the same to the
another counsel who presented the appeal
due to that, delay occurred.
2
The 2nd respondent/Insurance
Company has not filed any counter affidavit denying the averments in the affidavit of the petitioner. Though petition is filed under wrong provision as it has to be filed under Section 173 of proviso, that itself is not a ground to dismiss the petition, if there are grounds to condone the delay. The Hon'ble Apex Court in Brahampal @ Sammay and another, appellant Vs.National Insurance Company, respondent in Civil Appeal no.2926 of 2020, judgment dated 07.08.2020, after elaborately discussing the precedent law held that Motor Vehicle Act is a beneficial legislation indented to provide appropriate compensation for the victims and to protect their substantial rights due to the interpretation should not be as strict as commercial uses. Hence delay in presenting the appeal by the claimants can be condoned liberally by following the ratio laid down by Hon'ble Apex Court Full Bench in the above referred decision and for the reasons stated in the affidavit of the petitioners, this petition is allowed. The delay of 626 days in present the appeal is hereby condoned.
______ BSS,J Contd., 3 M.A.C.M.A No.1288 of 2019 The Learned counsel for the appellant, Mr.Venkateswarlu Gadipudi represented the case.
There is no representation for the respondent No.2/Insurance Company.
The Registry is directed to call for lower Tribunal records.
List the case after four (4) weeks.
______ BSS,J RSD