Smt. Babli And Others vs Azmal And Others
2012 Latest Caselaw 3634 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1196 of 2012
 

 
Petitioner :- Smt. Babli And Others
 
Respondent :- Azmal And Others
 
Petitioner Counsel :- Vipin Kumar
 

 
Hon'ble Rakesh Tiwari,J.

Hon'ble Anil Kumar Sharma,J.

The appellants have challenged the award dated 14.3.2012 passed by Additional District Judge/Motor Accident Claims Tribunal, Court No.5, Muzaffar Nagar in Motor Accident Claim Petition No.395 of 2010 (Smt. Babli Vs. Ajmal  and others ), whereby the claim petition of the appellant has been allowed and compensation of Rs.1,87,000/- has been awarded.

The Stamp Reporter has reported that the appeal has been filed beyond time by 64 days as on 16.8.2012.

The explanation for delay has been given in paragraph Nos.2 and 3 of the affidavit filed in support of the application for condonation of delay. The copy of the formal order was applied on 3.8.2012 and the award was passed on 14.3.2012. The certified copy was prepared by the Registry on 22.3.2012, which was received by the appellant on the same date. The ground shown is sufficient. It is a case of negligence and latches.

Accordingly, the delay condonation application is rejected.

Order Date :- 22.8.2012

Ak/

Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1196 of 2012

Petitioner :- Smt. Babli And Others

Respondent :- Azmal And Others

Petitioner Counsel :- Vipin Kumar

Hon'ble Rakesh Tiwari,J.

Hon'ble Anil Kumar Sharma,J.

As a consequence of rejection of delay condonation application, the appeal also stands dismissed.

Order Date :- 22.8.2012

Ak/