Case Note & Summary
The appellant, Kanthamma A.C., filed a claim petition under the Motor Vehicles Act seeking compensation for the death of her son Harsha in a road traffic accident on 25.12.2008. The Motor Accidents Claims Tribunal (MACT), Bengaluru, dismissed the claim petition as not maintainable by judgment and award dated 22.9.2010 in MVC No.4495/2009. The appellant filed an appeal under Section 173(1) of the Motor Vehicles Act against that dismissal, but with an inordinate delay of 628 days. She filed an application (IA.I/2013) seeking condonation of this delay. The only reason given in the affidavit was that she was not conversant with the facts of the case, went to her native place after her son's death, and therefore could not meet her counsel to instruct him to file the appeal. The High Court, after hearing the counsel for the appellant and perusing the affidavit, found that no acceptable reason was assigned for the delay. The court noted that the delay was not properly explained and that the reason stated was insufficient to constitute 'sufficient cause' under Section 5 of the Limitation Act. Consequently, the court dismissed the application for condonation of delay and, as a result, the appeal was also dismissed.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - Claimant sought condonation of 628 days delay in filing appeal against dismissal of claim petition - Reason assigned was that appellant went to native place after son's death and could not meet counsel - Held that such reason does not constitute sufficient cause for such inordinate delay, and application for condonation is liable to be dismissed (Paras 2-3).
Issue of Consideration
Whether the inordinate delay of 628 days in filing the appeal should be condoned on the grounds stated by the appellant.
Final Decision
The application for condonation of delay (IA.I/2013) is dismissed. Consequently, the appeal (MFA No.11445/2012) is also dismissed.
Law Points
- Condonation of delay
- Sufficient cause
- Inordinate delay
- Limitation Act
- Section 5
- Motor Vehicles Act
- Section 173(1)
Case Details
2015 LawText (KAR) (09) 47
Smt.Ambika for Sri.Mohd.Sheriff (for appellant), Sri.O.Mahesh for R1
The Branch Manager, Bajaj Allianz General Insurance Co. Ltd. and Gangadharappa E
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Nature of Litigation
Appeal against dismissal of claim petition for compensation for death in road traffic accident, with application for condonation of delay in filing appeal.
Remedy Sought
Condonation of 628 days delay in filing appeal and setting aside of judgment and award dated 22.9.2010 dismissing claim petition.
Filing Reason
Claimant's son died in road traffic accident on 25.12.2008; claim petition was dismissed as not maintainable; appeal filed with delay.
Previous Decisions
MACT, Bengaluru dismissed MVC No.4495/2009 on 22.9.2010 as not maintainable.
Issues
Whether the inordinate delay of 628 days in filing the appeal should be condoned.
Submissions/Arguments
Appellant argued that she was not conversant with facts, went to native place after son's death, and could not meet counsel to file appeal in time.
Ratio Decidendi
The reason assigned for delay of 628 days, that the appellant went to her native place and could not meet counsel, does not constitute sufficient cause for condonation of delay under Section 5 of the Limitation Act. The delay being inordinate and unexplained, the application for condonation is liable to be dismissed.
Judgment Excerpts
Except stating as above, the appellant has not assigned single acceptable reason for condonation of delay in filing the appeal.
In view of the delay being not properly explained, the application filed seeking condonation of delay is required to be dismissed.
Procedural History
Claim petition (MVC No.4495/2009) filed before MACT, Bengaluru for compensation for death of son in accident on 25.12.2008. Tribunal dismissed claim petition on 22.9.2010 as not maintainable. Appellant filed appeal (MFA No.11445/2012) on an unknown date with 628 days delay, along with application for condonation of delay (IA.I/2013). High Court heard the application and dismissed it on 30.9.2015.
Acts & Sections
- Motor Vehicles Act, 1988: 173(1)
- Limitation Act, 1963: 5
