M Gangammma vs Smt.J.Mariyamma
2022 Latest Caselaw 6877 Tel

      THE HON'BLE SRI JUSTICE PULLA KARTHIK

                M.A.C.MA. No.444 of 2020
                               AND
                      I.A.NO.2 OF 2020
                                   IN
                     MACMA 444 OF 2020



COMMON JUDGMENT:


     This    appeal   is   filed    by   the     appellant/claimant

challenging the award and decree dated 27.07.2018 in

MVOP No.1139 of 2006 on the file of Motor Accidents

Claims    Tribunal-cum-VIII         Additional     District   Judge,

Nizamabad,    wherein,       the    Tribunal     had    awarded   a

compensation amount of Rs.16,000/-, as against the claim

for an amount of Rs.2,00,000/- for the injuries sustained

by the petitioner.


2.   I.A.No.2 of 2020 is filed to condone the delay of 2649

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 2649 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