The single judge bench of Justice Vivek Bharti Sharma of the Uttarakhand High Court held that a person, who is not vigilant, is not entitled to relief after a prolonged period, and condoning the long delay in the absence of sufficient reason would cause prejudice to the other parties.
Brief Facts
The tribunal passed the order in which the compensation of Rs. 1,41,800/- has been awarded to the claimants/appellants. Thereafter, the present appeal is filed under Section 173 of the Motor Vehicle Act, 1988 and the delay condonation application was also filed along with this.
Contentions of the Appellant
The learned counsel appearing on behalf of the appellant contended that earlier the appellant had no money to approach the court and he was suffering from psychosis, therefore, the appellant was unable to file the case within the period of limitation.
Contentions of the Respondents
The learned counsel appearing on behalf of the respondents contended that the rule is that a suit or application must be filed within the allotted time; if the appellant is dissatisfied with the decision, he should have filed an appeal within the allotted time; the appellant or applicant has not provided sufficient justification for the delay, so the delay cannot be excused. Furthermore, it was contended that the appellant didn’t submit any medical report.
Observations of the Court
The Hon’ble court observed that a person who is not vigilant is not entitled to relief after a long wait, and tolerating the long delay in the absence of a good cause would be unfair to the other parties.
It was noted that no medical certificate of any medical disease has been submitted by the appellant/applicant.
Based on these considerations, the Hon’ble Court was of the view that the appellant/applicant delay could not establish any sufficient cause and reason for condoning the long delay of 1962 days, this Court is not inclined to condone the delay in filing the appeal.
The decision of the court
With the above direction, the hon’ble court dismissed the appeal.
Coram: Hon’ble Mr. Justice Vivek Bharti Sharma
Case No.: A.O. No. 148 of 2019
Advocate for the Appellant: Mr. Zafar Siddiqui
Advocate for the Respondent No. 1: Mr. Bharat Tewari
Advocate for the Respondent No.2: Mr. Vinay Bhatt
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