FAO No.4060 of 2009 (O&M) [1 ]
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH
...
CM No.18876-CII of 2009
FAO No.4060 of 2009 (O&M)
Decided on : August 17, 2009
Vidya Rani
… Appellant
VERSUS
Oriental Insurance Company Limited and others
… Respondents
CORAM :
HON’BLE MR.JUSTICE A.N.JINDAL
Present: Ms.Vikas Chaudhary,
Advocate for the applicant-appellant.
A.N.JINDAL, J.-
This appeal is directed against the award dated 31.3.2008
passed by Motor Accident Claims Tribunal, Ambala, whereby the appellant
– Vidya Rani (owner of the offending vehicle – respondent No.2 in the
claim petition) was held liable along with other respondents for making
payment of compensation.
This appeal is delayed by 407 days and, thus, is accompanied
by an application under Section 5 of the Limitation Act for condonation of
delay, contending that the appellant is a heart patient and she remained
under treatment of a doctor at Ambala, therefore, she could not file the
appeal in time.
FAO No.4060 of 2009 (O&M) [2 ]
Having considered the submission, it is observed that the
appellant was fully aware about the contents of the impugned award. She
had been visiting the doctor regularly for her treatment and, in these
circumstances, she could also contact the counsel to prefer the appeal.
There is nothing to show on the record that the disease was of such a nature
that prevented her from going to her counsel for the purpose of filing of
appeal. Thus, the long delay of 407 days is not well-explained. The
application is dismissed.
Resultantly, the appeal also fails.
August 17, 2009 ( A.N.JINDAL ) `gian' JUDGE