FAO No.5359 of 2008(O&M) [1 ]
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH
...
FAO No.5359 of 2009 (O&M)
Decided on : August 25, 2009
Satish Kumar
… Appellant
VERSUS
Lala Ram and others
… Respondents
CORAM :
HON’BLE MR.JUSTICE A.N.JINDAL
Present: Mr.Rajesh Lamba,
Advocate for the appellant.
A.N.JINDAL, J.-
This appeal for enhancement of compensation has been
directed against the award dated 5.8.2004 passed by Motor Accident Claims
Tribunal, Faridabad. The appeal is accompanied by an application for
condonation of delay of 1459 days in re-filing the appeal.
The only plea set up on behalf of the appellant is that initially
the appeal was filed on 19.11.2004, but on the next day i.e. 20.11.2004, it
was returned by the Registry with certain objections. Thereafter, the file
was inadvertently misplaced by the clerk of the counsel and could be
located only on 9.7.2008.
Having considered the plea, No substance could be found with
the same for holding that it was a sufficient ground to condone such a long
FAO No.5359 of 2008(O&M) [2 ]
delay. No affidavit of the clerk of the counsel, who was negligent in his
conduct, has been filed. Moreover, it also reflects the laxity on the part of
the appellant, who did not bother to enquire about his case for about four
years, after handing over the same to his counsel. Thus, CM No.27005-
CII of 2008 is dismissed.
Resultantly, the appeal also fails.
August 25, 2009 ( A.N.JINDAL ) `gian' JUDGE