FAO No.441 of 2009 (O&M) [1 ]
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH
...
CM No.1518-1520-CII of 2009
FAO No.441 of 2009 (O&M)
Decided on : August 25, 2009
Sombir
… Appellant
VERSUS
Dharam Chand and others
… Respondents
CORAM :
HON’BLE MR.JUSTICE A.N.JINDAL
Present: Mr.Kulwant Singh Dhanora,
Advocate for the appellant.
A.N.JINDAL, J.-
CM No.1518-CII of 2009 :
Allowed. Delay condoned.
CM No.1519-CII of 2009 :
Allowed, subject to all just exceptions.
FAO No.441/2009 (O&M :
This appeal for enhancement of compensation is directed
against the award dated 28.5.2007 passed by Motor Accident Claims
Tribunal, Hisar. It being time barred, is accompanied by an application for
condonation of delay of 309 days.
The only plea set up by the appellant is that the award had been
passed on 28.5.2007 and the claimant filed a review application on
FAO No.441 of 2009 (O&M) [2 ]
14.6.2007, which was dismissed on 1.2.2008, as such, this appeal was
preferred on 4.7.2008. The filing of review petition could not stop the
limitation, which had already begun to run. The only remedy against
declining of any relief was the appeal against the award. In the
circumstances, the filing of the review application cannot be said to be
sufficient ground for condoning such a huge delay.
Resultantly, the application is dismissed. Consequently, the
appeal also fails.
August 25, 2009 ( A.N.JINDAL ) `gian' JUDGE