THE HON'BLE SRI JUSTICE PULLA KARTHIK
M.A.C.MA. No.448 of 2020
AND
I.A.NO.2 OF 2020
IN
MACMA 448 OF 2020
COMMON JUDGMENT:
This appeal is filed by the appellant/claimant
challenging the award and decree dated 31.01.2012 in
MVOP No.1141 of 2006 on the file of Chairman, Motor
Accidents Claims Tribunal-cum-VIII Additional District
Judge, Nizamabad, wherein, the Tribunal had awarded a
compensation amount of Rs.15,000/-, as against the claim
for an amount of Rs.1,50,000/- for the injuries sustained
by the petitioner.
2. I.A.No.2 of 2020 is filed to condone the delay of 2819
days, in filing the appeal.
3. A counter affidavit is filed for IA No.2/2020 by the 2nd
respondent stating that since the appellant did not explain
PK, J 2 about the day to day delay in this I.A., the same is liable to be dismissed in view of the judgment reported in AIR 2019 SC 1423, MACMA MP No.3413/2017 in MACMA No.1871/2017 for condonation of delay.
4. The learned counsel for the appellant submitted that the appellant will forego interest for the delay period.
5. The learned counsel for 2nd respondent /Insurance Company vehemently opposed contending that there is an inordinate delay in filing of appeal which cannot be condoned and relied on Judgment of Apex court in Estate Officer, Haryana Urban Development Authority and another vs. Gopi Chand Atreja reported in (2019) 4 Supreme Court Cases 612.
6. Though the learned counsel for the appellant submitted that he has given details of condoning the delay of 2819 days in filing the appeal, no such day to day delay, or any cogent reason have been stated.
7. As there are no proper reasons explaining the inordinate delay and in view of the decision of the Apex PK, J 3 Court in Gopi Chand Atreja's case referred supra reported in (2019) 4 Supreme Court Cases 612, the condone delay application is dismissed and accordingly, MACMA is closed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this appeal shall stand closed.
___________________________ JUSTICE PULLA KARTHIK Date: 26.09.2022 BV