Nallavelli Gangamma Nallavelli ... vs Smt.J.Mariyamma And Another
2022 Latest Caselaw 6874 Tel

      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

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

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