In the High Court of Punjab and Haryana at Chandigarh
F.A.O. No.3529 of 2009 (O&M)
Date of decision: October 22, 2009
Devi Ram
.. Appellant
Vs.
Satbir Singh and others
.. Respondents
Coram: Hon’ble Mr. Justice A.N. Jindal
Present: None for the appellant.
A.N. Jindal, J
Written request for adjournment made by the learned counsel
for the appellant is declined.
This appeal for enhancement, directed against the award dated
8.4.2006 passed by the Motor Accident Claims Tribunal, Hisar, awarding
compensation to the tune of Rs.80,000/- along with interest @ 6% per
annum, is accompanied by the applications for condonation of 203 days’
delay in filing and 758 days’ in re-filing the appeal.
The only plea as set out in the application is that the Clerk
misplaced the appeal as renovation work was going on in the office.
Despite best efforts, the same could not be traced and it is only during the
vacation period i.e. on 29.10.2008 when the Clerk of the counsel was
searching the briefs of admitted cases, he was able to lay his hands over
the appeal.
The ground as set out in the application is not sufficient to
condone such a long delay.
Consequently, the applications for condonation of delay stand
dismissed.
Resultantly, the appeal also fails.
October 22, 2009 (A.N. Jindal) deepak Judge