Court No. - 19 Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1339 of 2010 Petitioner :- U.P. State Road Transport Corp. Thru' Regional Manager Respondent :- Ramu Kashyap & Another Petitioner Counsel :- Ashok Kumar Hon'ble Pankaj Mithal,J.
Against the award of tribunal dated 9.11.2009 awarding compensation of
Rs.23,800/-, appellant has preferred this first appeal under Section 173 of the
Motor Vehicle Act, 1988. The appeal is reported to be beyond time by 170
days. In the delay condonation application no explanation whatsoever for the
delay has been given. The only thing stated is that the appeal was delayed for
want of permission from higher authorities of the claim tribunal. It is not
understandable as to why the appellant required permission from the higher
authority of the claim tribunal. There is no averment that the delay has
occurred on account of delay in obtaining permission from the higher
authorities of the appellant. No details as to when papers papers were sent or
or placed before the higher authorities for getting the sanction or approval for
filing the appeal has been disclosed.
In view of above, the delay in filing the appeal remains unexplained. As such,
the application under Section 5 of the Limitation Act is rejected.
Consequently, the appeal is dismissed as barred by time.
Order Date :- 12.8.2010
BK